Southwell v. Atlantic Coast Line Railroad

At tbe close of all tbe evidence plaintiff’s counsel consented tbat tbe court might answer tbe first issue “Yes,” and tbat tbe evidence of tbe defendant upon tbe question of tbe deceased being engaged in interstate commerce should be eliminated from tbe record on appeal. On tbe first appeal of this case, defendant made a motion for judgment as of nonsuit (O. S., 567), at tbe conclusion of plaintiff’s evidence. Plaintiff appealed to tbe Supreme Court and tbe judgment of nonsuit was set aside and a new trial awarded. Southwell v. R. R., 189 N. C., p. 417. Prom tbe finding on tbe first issue tbe…