McNair v. Norfolk Southern Railroad, 190 N.C. 853 (1925)

Sept. 23, 1925 · Supreme Court of North Carolina

190 N.C. 853

WILLIE McNAIR v. NORFOLK SOUTHERN RAILROAD CO.

(Filed 23 September, 1925.)

Appeal by plaintiff from Sinclair, J., at January Term, 1925, of Washington.

Civil action to recover damages for an alleged negligent injury and killing of plaintifE’s livestock (mule) by defendant’s engine and cars.

From a verdict and judgment for defendant, tbe plaintiff appeals, assigning errors.

P. H. Bell for plaintiff.

Z. V. Norman, Small, MacLean & Rodman for defendant.

Pee Cueiam.

Tbe evidence is conflicting on tbe main issue of liability; it is purely a question of fact; tbe jury bas determined tbe matter against tbe plaintiff; there is no reversible error appearing on tbe record; tbe instruction in regard to tbe “prima facie evidence of negligence,” arising under C. S., 3482, where suit is brought within six months after the cause of action accrued, when considered in connection with other portions of the charge, must be resolved in favor' of the validity of the trial; the verdict and judgment will be upheld.

No error.