Midgett v. Norfolk Southern Railroad, 182 N.C. 758 (1921)

Sept. 21, 1921 · Supreme Court of North Carolina

182 N.C. 758

JOHN A. MIDGETT, Sr., v. NORFOLK SOUTHERN RAILROAD COMPANY.

(Filed 21 September, 1921.)

Appeal and Error — Evidence—Nonsuit—Motions.

From this appeal of tbe defendant from tbe refusal of tbe court to grant bis motion as of nonsuit upon tbe evidence, tbe evidence is held sufficient to bave taken tbe case to tbe jury.

Appeal by defendant from Ferguson, J., at June Term, 1921, of Daee.

Action to recover damages for an alleged negligent injury to plaintiff’s property. Upon denial of liability and issues joined, the jury returned the following verdict:

“1. Did tbe defendant negligently injure tbe boat of tbe plaintiff as alleged? Answer: ‘Yes.’

“2. "What damage, if any, is plaintiff entitled to recover ? Answer: ‘$200.’ ”

From a judgment in favor 'of plaintiff, tbe defendant appealed.

P. W. McMullan, B. G. Crisp, and Aydlett & Simpson for plaintiff.

Thompson & Wilson for defendant.

Fee Cueiam.

Tbe only exception presented for our consideration comes from bis Honor’s refusal to grant tbe defendant’s motion for judgment as of nonsuit. We bave carefully examined tbe evidence, and bave reached tbe conclusion tbat tbe reasonable inferences arising therefrom are sufficient to carry tbe case to tbe jury. No material benefit would be derived from setting out tbe evidence, as it presents only a question of fact.

Upon tbe record and tbe exceptions, we think tbe judgment should be affirmed; and it is so ordered.

No error.