Brown v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Garter, J., at January Term, 1913, of Pendeb. Civil action to recover damages for wrongful injuries to the person. Tbe evidence of plaintiff tended to sbow that on 7 March, 1910, be was a passenger on defendant’s train, having purchased and holding a ticket from Wilmington, N. C., to Rocky Point.
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Appeal from Garter, J., at January Term, 1913, of Pendeb. Civil action to recover damages for wrongful injuries to the person. Tbe evidence of plaintiff tended to sbow that on 7 March, 1910, be was a passenger on defendant’s train, having purchased and holding a ticket from Wilmington, N. C., to Rocky Point. That after the conductor had taken up plaintiff’s ticket, plaintiff went forward to the smoker, and was again forced to pay his fare under threat of being ejected from the train, the conductor insisting that no ticket or fare had been collected from plaintiff. That after a verbal…
1Opinion of the Court
Hoke, ,J.
It has been repeatedly held that on motion to nonsuit the evidence which makes for defendant’s justification *576or defense must be taken as true and interpreted in tbe light most favorable to him. Deppe v. R. R., 152 N. C., 79; Cotton v. R. R., 149 N. C., 229. The same rule is properly applied to a charge, “if the evidence is believed” or if the facts are as testified to, etc., and operates in favor of any litigant whose rights are adversely affected, whether plaintiff or defendant. Applying the principle, while the testimony of plaintiff, if accepted by the jury, clearly established an…
2Cases cited6 opinions
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- Berry v. Carolina, Clinchfield & Ohio RailwaySupreme Court of North Carolina · 1911
- Penny v. . R. R.Supreme Court of North Carolina · 1910
- Stanley v. Southern Railway Co.Supreme Court of North Carolina · 1912
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3Cited by2 opinions
- In Re Will of Margaret DeytonSupreme Court of North Carolina · 1919
- Powell v. United StatesCourt of Appeals for the Fourth Circuit · 1924