Cline v. Southern Ry. Co.

HAYES, District Judge.

At the close of plaintiff’s evidence defendant moved for a directed verdict in its favor and at the close of all of the evidence moved for a directed verdict on the ground that “the evidence shows that the plaintiff’s intestate was guilty of contributory negligence which proximately resulted in his death and damage to his truck.” The court overruled the first motion and allowed exception. It reserved its ruling on the last motion, pending a study of the North Carolina law on the subject, but submitted the case to the jury which answered the issues in favor of the…