McNair v. Norfolk Southern Railroad

Supreme Court of North Carolina

McNair v. Norfolk Southern Railroad

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

DecidedSeptember 23, 1925

StatusPublished

This text of 129 S.E. 410 (McNair v. Norfolk Southern Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McNair v. Norfolk Southern Railroad, 129 S.E. 410, 190 N.C. 853, 1925 N.C. LEXIS 199 (N.C. 1925).

Pincite

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 *854 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.

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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 *854 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.

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Bluebook (online)

129 S.E. 410, 190 N.C. 853, 1925 N.C. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcnair-v-norfolk-southern-railroad-nc-1925.