Legal Opinion

Brown v. Southern Railway Co.

Supreme Court of North Carolina

Decided June 6, 1928PublishedCited by 13 opinions

1Opinion of the CourtClarkson, J.

At the close of plaintiff’s evidence, defendants made á motion as in case of nonsuit, and at the close of all the evidence the motion was renewed. C. S., 567. The court below overruled the motions, defendants excepted and assigned error. We think the court below correct in the ruling. As oft repeated, the evidence is to be taken in the light most favorable to the plaintiff and he is entitled to the benefits of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom.

As the case goes back for a new trial, we will not discuss the evidence, but, in our…

2Cases cited4 opinions

  1. Baker v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1909
  2. Foard Ex Rel. Foard v. Tidewater Power Co.Supreme Court of North Carolina · 1915
  3. Hoggard v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1927
  4. Ashby v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916

3Cited by13 opinions

  1. Lincoln v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1935
  2. Henderson Ex Rel. Utley v. PowellSupreme Court of North Carolina · 1942
  3. Walston v. GreeneSupreme Court of North Carolina · 1958
  4. Murphy v. Carolina Power & Light Co.Supreme Court of North Carolina · 1929
  5. Ross v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1943

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