McNair v. Norfolk Southern Railroad

129 S.E. 410, 190 N.C. 853, 1925 N.C. LEXIS 199

Opinion

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.