Cummings v. Atlantic Coast Line Railroad

Appellant in challenging judgment below contends that the court erred for that the evidence when taken in the light most favorable to plaintiff is sufficient to justify and to require the submission of the case to the jury under the doctrine of last clear chance. ¥e are unable to agree that the challenge is well taken.

No presumption of negligence on the part of the railroad arises from the mere fact that the mangled body of plaintiff’s intestate was found on or near the track. Upton v. R. R., 128 N. C., 173, 38 S. E., 736; Clegg v. R. R., 132 N. C., 292, 43 S. E., 836; Harrison v. R. R., 204…