Scoggins v. Southern Railway Co.

Defendants’ contention on their appeal to this Court, that there was error in the refusal of the trial court to allow their motion for judgment as of nonsuit, for that all the evidence showed that plaintiffs’ intestate, by his own negligence contributed to the injuries which resulted in his death, cannot be sustained.

This case is readily distinguishable from Pope v. R. R., 195 N. C., 67, 141 S. E., 350, and cases cited in support of the reversal of the judgment in that ease. There was evidence tending to show that plaintiffs’ intestate, before entering upon the crossing and immediately before…