Brantley v. Atlantic Coast Line Railroad

The appellant assigns as error the denial of its motion for judgment of nonsuit, interposed at the conclusion of plaintiff’s evidence and renewed at the close of all the evidence.

The ruling of the trial court on this motion must be sustained. The evidence offered would seem to entitle the plaintiff to have her case submitted to the jury. This is in accord with the decision of this Court in Saunders v. R. R., 185 N. C., 289. While in the Saunders case, supra, recovery for a similar injury was denied, the evidence here presented brings the instant case within the principle there set forth and…