Carter v. Atlantic Coast Line Railroad Company

The trial judge did not assign the legal ground upon which he based the nonsuit. The judgment must be sustained if the evidence fails to show the defendant’s negligence. Conversely, it must be sustained if the evidence does show plaintiff’s contributory negligence as a matter of law.

The evidence of negligence on the part of the railroad leaves us with disturbing doubts as to its sufficiency to make out a case. The plaintiff did not hear any signal of the train’s approach. However, he did not remember whether his windows were up or down. There is evidence of a partial obstruction of a…