Strunks v. Southern Railway Co.

This case has been tried three times in the Superior Court, and this is the third appeal here. Our previous decisions are reported in 184 N. C., 582, and 187 N. C., 175.

On the first appeal a new trial was granted for error in the charge on the issue of damages; but, as the case was correctly tried on the question of the defendant’s liability, we restricted the new trial to the quantum of damages to be awarded. On the second appeal, a new trial was again granted for failure of the judge to admit evidence tending to show contributory negligence on the part of plaintiff’s intestate, it being…