Greenlee v. Clinchfield Railroad, 228 N.C. 789 (1947)

Nov. 19, 1947 · Supreme Court of North Carolina

228 N.C. 789

J. L. GREENLEE, Administrator of the Estate of BILL WILLIAMS, Deceased, v. CLINCHFIELD RAILROAD COMPANY and M. R. BIDDIX.

(Filed 19 November, 1947.)

PlaiNtife’s appeal from Sink, J., April Term, 1947, Mitohell Superior Court.

McBee & McBee and Watson, Fonts & Watson for plaintiff, appellant.

James J. McLaughlin, J. W. Pless, Proctor •& Dameron, and W. 0. Berry for defendant, appellee.

Peb Cttbiam.

This case was brought by the administrator of the deceased Williams against the defendant to recover for an alleged negligent injury resulting in death. Williams' was killed by a scheduled train running over the tracks of the defendant, near a tunnel, allegedly while prostrate upon the tracks in a drunken condition. On defendant’s demurrer to the evidence the court below entered judgment as of nonsuit.

The case involves no novel features which would justify extended discussion.

On a careful examination of the record the Court is of the opinion that the judgment of nonsuit should be affirmed, and it is so ordered.

Affirmed.