White v. . R. R.

Supreme Court of North Carolina

White v. . R. R.

8 S.E.2d 204, 217 N.C. 793, 1940 N.C. LEXIS 348

DecidedApril 10, 1940

StatusPublished

This text of 8 S.E.2d 204 (White v. . R. R.) 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

White v. . R. R., 8 S.E.2d 204, 217 N.C. 793, 1940 N.C. LEXIS 348 (N.C. 1940).

Pincite

Opinion

Civil action to recover damages for wrongful death.

On 9 August, 1937, deceased was in an intoxicated condition to the extent that he would stagger when he walked. He left Lilly Mill about 6:15 p.m. and went to and along the railroad track toward the railroad trestle. About thirty or forty minutes later his body was found at the foot of the railroad embankment near the trestle. His body was bloody and muddy; his jugular vein was bursted; he had chest injuries and six or eight ribs were broken, one of which punctured his heart, and his clothing was torn.

At the conclusion of all the evidence, on motion of the defendant, the action was dismissed by judgment of nonsuit. Plaintiff excepted and appealed. The plaintiff has failed to bring her case within the decisions inHenderson v. R. R., 159 N.C. 581, and George v. R. R., 215 N.C. 773,3 S.E.2d 286. Harrison v. R. R., 204 N.C. 718, 169 S.E. 637, and cases there cited, and Cummings v. R. R., ante, 127, are controlling.

The judgment below is

Affirmed. *Page 794

Free access — add to your briefcase to read the full text and ask questions with AI

Civil action to recover damages for wrongful death.

On 9 August, 1937, deceased was in an intoxicated condition to the extent that he would stagger when he walked. He left Lilly Mill about 6:15 p.m. and went to and along the railroad track toward the railroad trestle. About thirty or forty minutes later his body was found at the foot of the railroad embankment near the trestle. His body was bloody and muddy; his jugular vein was bursted; he had chest injuries and six or eight ribs were broken, one of which punctured his heart, and his clothing was torn.

At the conclusion of all the evidence, on motion of the defendant, the action was dismissed by judgment of nonsuit. Plaintiff excepted and appealed. The plaintiff has failed to bring her case within the decisions inHenderson v. R. R., 159 N.C. 581, and George v. R. R., 215 N.C. 773,3 S.E.2d 286. Harrison v. R. R., 204 N.C. 718, 169 S.E. 637, and cases there cited, and Cummings v. R. R., ante, 127, are controlling.

The judgment below is

Affirmed. *Page 794

Cite This Page — Counsel Stack

Bluebook (online)

8 S.E.2d 204, 217 N.C. 793, 1940 N.C. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-r-r-nc-1940.

Opinion

Related

Cite This Page — Counsel Stack