Heilig v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Webb, J., at November Term, 1909, of Cabab-eus. At tbe conclusion of plaintiff’s evidence defendant moved for judgment as of nonsuit. Motion allowed. Plaintiff excepted, and appealed to this Court.
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Appeal from Webb, J., at November Term, 1909, of Cabab-eus. At tbe conclusion of plaintiff’s evidence defendant moved for judgment as of nonsuit. Motion allowed. Plaintiff excepted, and appealed to this Court. This action was brought to recover damages for injuries received by plaintiff while in the service of defendant, the plaintiff alleging specifically the negligent acts of defendant resulting in his injury; the defendant denying any negligence and pleading the contributory negligence of the plaintiff. The evidence offered by plaintiff tended to show that, at the time of his injury and…
1Opinion of the CourtManning, J.
This appeal being taken from tbe judgment of nonsuit entered on defendant’s motion made at the close of plaintiff’s evidence, it is well settled by the decisions of this Court that the evidence “must be construed in the view most favorable to the plaintiff, and every fact which it tends to prove, and which is an essential ingredient of the cause of action, must be taken as established, as the jury, if the case had been submitted to them; might have found the facts from the testimony.” Freeman v. Brown, 151 N. C., 111; Morton v. Lumber Co., ante, 54, and cases cited.
The recital of the evidence…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Freeman v. . BrownSupreme Court of North Carolina · 1909
- Reeves v. North Carolina RailroadSupreme Court of North Carolina · 1909
3Cited by6 opinions
- Chicago & Erie Railroad v. HamerickIndiana Court of Appeals · 1911
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- Simpson v. Carter Coal Co.West Virginia Supreme Court · 1916
- Williams v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Transou v. . Director GeneralSupreme Court of North Carolina · 1921
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