BIVINS v. SOUTHERN RAILWAY COMPANY

No. 19.

102 S.E.2d 128 (1958)

247 N.C. 711

E. L. BIVINS and wife, Imogene Bivins, v. SOUTHERN RAILWAY COMPANY, a corporation.

Supreme Court of North Carolina.

February 26, 1958.


Attorney(s) appearing for the Case

W. T. Joyner, Raleigh, and Proctor & Dameron, Marion, for defendant, appellant.

E. C. Carnes, Marion, for plaintiffs, appellees.


HIGGINS, Justice.

The defendant's appeal presents two questions: (1) Was the evidence sufficient to repel the motion for nonsuit? (2) Did the court commit error by failing to explain "the legal doctrine of respondeat superior?" The answer to the first question will provide at least a partial answer to the second.

The defendant urgently contends "there is no evidence the men doing the spraying were agents or servants...

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