Johnson v. SOUTHERN RAILWAY COMPANY

This is the second appeal we have heard in this cause. In the first trial of this case in the Superior Court of Gates County, at the March Term 1961, judgment of nonsuit was entered at the close of plaintiff’s evidence. Plaintiff’s appeal was heard at our Fall Term 1961, and we were of the opinion that the evidence made out a prima facie case of actionable negligence on the part of the defendants, and the issue of contributory negligence was for the jury. We reversed the judgment of nonsuit. Johnson v. R.R., 255 N.C. 386, 121 S.E. 2d 580.

The case again came on for trial in Superior Court at…