Jernigan v. Atlantic Coast Line Railroad

In considering a motion for judgment of nonsuit made by a defendant, all of the evidence favorable to the plaintiff must be taken as true and interpreted in the light most favorable to him. Champion v. Waller, 268 N.C. 426, 150 S.E. 2d 783; Lienthall v. Glass, 2 N.C. App. 65, 162 S.E. 2d 596.

The evidence presented at the trial below would permit the jury to find the following to be the facts in this case:

On the night of 6 October 1961, the plaintiff and one other person had been working on a cottage located on the Roanoke River near Weldon, North Carolina. At approximately 1:00 a.m. on 7…