Wagner v. Atlantic Coast Line Railroad

63 S.E. 1135, 150 N.C. 215, 1909 N.C. LEXIS 31

Opinion

Per Curiam :

This case was before this Court on appeal at a former term and is reported in 141 N. 0., 315. On tbat appeal the Court refused to sustain -the defendant’s motion for judgment as of nonsuit, but sent tbe case back for a new trial on the ground of error in the charge of the judge. The facts before the Court on this appeal are practically identical with those on the former appeal, when the ease was fully reviewed in the opinion of the Court by Mr. Justice Connor. The judge below, on the second trial, .appears to have followed the former decision very carefully, and we find no exception which presents anything new or necessary to discuss.

No Error.