George v. . R. R.

STACY, C. J., and WINBORNE, J., concur in dissent. This is an action for the wrongful death of the plaintiff's intestate alleged to have been caused by the negligent failure of the defendant to avail itself of the last clear chance to avoid running its train over and fatally injuring the plaintiff's intestate while on the track of the defendant. At the close of the plaintiff's evidence the defendant's motion for judgment as in case of nonsuit was allowed, and from judgment accordant with the court's ruling the plaintiff appealed, assigning as error such ruling and judgment.

The evidence, when…