Ellis v. ATLANTIC COAST LINE RAILROAD COMPANY

The appellant’s exceptions are not grouped as required by tbe Eules of Practice in tbe Supreme Court, Eule 19 (3), 221 N.C. at page 553, et seq. However, tbe appeal itself will be treated as an exception to tbe judgment, Casualty Co. v. Green, 200 N.C. 535, 157 S.E. 797, but tbe other purported assignments of error which do not comply with our rules, may not be considered. G.S. 1-282; S. v. Bittings, 206 N.C. 798, 175 S.E. 299.

If it be conceded that the plaintiff’s intestate was killed by one of tbe defendant’s trains, tbe evidence is not sufficient to establish tbe fact that be was killed by…