A careful perusal of the record leaves us with the impression that the judgment of nonsuit is correct.
Affirmed.
Raynor v. Runnymede Mills, Inc., 202 N.C. 834 (1932)
Feb. 24, 1932
·
Supreme Court of North Carolina
202 N.C. 834
CARRIE RAYNOR, Administratrix, v. RUNNYMEDE MILLS, Inc.
(Filed 24 February, 1932.)
Appeal by plaintiff from Grady, J., at November Term, 1931, of Edgegombe.
Civil action to recover damages for an alleged wrongful death.
Plaintiff’s intestate, Tom Raynor, foreman in defendant’s mill, was killed by one Cad Harrell, an employee working under the deceased, while the two were on duty in the employ of the defendant.
The case was tried once before and nonsuited. On the present hearing, two defenses were interposed, first res judicata, and, second, non-liability under the plaintiff’s showing.
From a judgment of nonsuit the plaintiff appeals, assigning errors.
V. E. Fountain and H. H. Philips for plaintiff.
Spruill & Spruill and George M. Fountain for defendant.