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JENKINS v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 306.

127 S.E.2d 778 (1962)

258 N.C. 58

Thomas Jefferson JENKINS v. ATLANTIC COAST LINE RAILROAD COMPANY.

Supreme Court of North Carolina.

October 31, 1962.

Attorney(s) appearing for the Case

R. S. Langley, Kinston, Robert D. Wheeler, Grifton, for plaintiff, appellant.

Bland & Freeman, By W. Powell Bland, Goldsboro, Wallace & Wallace, By F. E. Wallace, Jr., Kinston, for defendant, appellee.

HIGGINS, Justice.

The record does not disclose the legal ground upon which the trial judge based the nonsuit. The judgment must be sustained, however, if the evidence fails to show the defendant's negligence or does affirmatively show the plaintiff's contributory negligence as a matter of law. Carter v. Atlantic Coast Line R. R., 256 N.C. 545, 124 S.E.2d 561. In passing on the sufficiency of the evidence...

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