Sherlin v. Southern Railway Co.
This text of 10 S.E.2d 707 (Sherlin v. Southern Railway Co.) 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.
Opinion
Plaintiff instituted her action in the general county court of Buncombe County for damages for the wrongful death of her intestate alleged to have been caused by the negligence of the defendants. *779 At tbe close of plaintiff’s evidence motion for judgment of nonsuit was allowed and tbe action dismissed. Upon appeal to tbe Superior Court, tbe rulings of tbe county court were affirmed, and plaintiff appealed to tbis Court.
Tbis case was bere at Fall' Term, 1938, and is reported in 214 N. C., 222, 198 S. E., 640, where tbe facts are stated. It was there held that upon tbe evidence then presented judgment of nonsuit was properly entered.
From an examination of tbe record in tbe present action, it appears that tbe plaintiff’s evidence is substantially tbe same as in tbe former case, and that there is no new element to take it out of tbe rule therein laid down.
Tbe judgment below is
Affirmed.
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Cite This Page — Counsel Stack
10 S.E.2d 707, 218 N.C. 778, 1940 N.C. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherlin-v-southern-railway-co-nc-1940.