Edwards v. Southern Railway Co.

195 S.E. 394, 213 N.C. 212, 1938 N.C. LEXIS 47

Opinion

Per Curiam.

This action was heard in this Court at Fall Term, 1937, ou the appeal of the defendant Southern Railway Company from an order of the Superior Court of Swain County, denying its petition for the removal of the action from the Superior Court of Swain County to the United States District Court for the Western District of North Carolina for trial. The order was affirmed. See Edwards v. R. R., 212 N. C., 61.

At the trial of the action in the Superior Court of Swain County, all the evidence showed that at the time plaintiff’s intestate fell from the defendant’s train, he was riding on said train as a trespasser. There was no evidence tending to show that his fall from defendant’s train was caused by any wrongful and willful act of the defendant Southern Railway Company, or of any of its employees. The judgment dismissing the action is affirmed. See Bailey v. R. R., 149 N. C., 169, 62 S. E., 883; Hayes v. R. R., 141 N. C., 195, 53 S. E., 847; Cook v. R. R., 128 N. C., 333, 38 S. E., 925.

Affirmed.