Lewis v. Atlantic Coast Line Railroad, 188 N.C. 826 (1924)

Nov. 5, 1924 · Supreme Court of North Carolina
188 N.C. 826

W. J. LEWIS v. ATLANTIC COAST LINE RAILROAD COMPANY.

(Filed 5 November, 1924.)

Appeal by plaintiff from Grady, J., at November Term, 1923, of ONSLOW.

Here E. Day and Wright & Stevens for plaintiff.

Bountree & Garr for defendant.

Pee Cueiam.

Tbis was an appeal by plaintiff from a judgment of nonsuit. Tbe motion to nonsuit admits tbe truth of plaintiff’s evidence in. tbe light most favorable to plaintiff. From a careful reading of tbe evidence in tbis case, we think there was sufficient evidence to be submitted to a jury. There is no new principle of law involved. It is a question, as appears from tbe record, of fact for a jury to determine.

Tbe judgment in tbe court below is

Reversed.