Colvin v. Atlantic Coast Line Railroad

At the close of plaintiff’s evidence defendant made motion as in case of nonsuit. C. S., 567. The court below sustained the motion, and in this we can see no error. The evidence excluded on the hearing, for which plaintiff- excepted and assigned error, we do not think material on this record.

For the accommodation of some of the workmen, to get groceries, as testified to by plaintiff, at the close of the, day’s work the foreman and the section hands all got on the hand car and started towards the store. The hand car backing back to go to the store. To be sure, plaintiff testified “Mr. Askew…