Boyette Ex Rel. Boyette v. Atlantic Coast Line Railroad

Plaintiff’s appeal brings up for review the propriety of the ruling of the trial court in sustaining defendant’s motion for judgment of nonsuit, and hence it becomes necessary to consider the evidence offered in order to determine its sufficiency to warrant submission of the case to the jury.

The material facts were these: The defendant operates a, line of railroad through the northwest section of the Town of Ohadbourn, the general direction being north and' south. An unpaved street or road lies to the east of and parallel with defendant’s tracks, some 40 or 50 feet away. On defendant’s right…