Arrowood v. . R. R.

The first exception for permitting the use of the map can not be sustained as it was admitted merely to explain the witness's testimony, and as a part thereof. Riddle v. Germanton, 117 N.C. 387, and cases cited;Tankard v. R. R., ibid., 558.

The Court instructed the jury that if they found from the evidence "that this was a public passway, as heretofore defined, and that the engineer, by reason of the curve in the road and the obstruction of the smokestack, could not keep a proper lookout for persons on the track, and that the fireman could have done so, then it would have been the duty of the…