Champion v. . R. R.

Action, to recover damages for the alleged negligent killing of Sandy Champion by defendant's train, after dark.

At the conclusion of the evidence a motion to nonsuit was sustained. From the ruling and judgment of the court the plaintiff appealed.

The facts are stated in the opinion of the Court. The allegations of the complaint, as well as the theory of the evidence advanced by plaintiff, are that the intestate was run over and killed at a public crossing near the station of Wise, in Warren County, N.C. by a work train, while the intestate was endeavoring to cross the track at the crossing;…