MOSS v. SOUTHERN RAILWAY COMPANY

No. 544.

158 S.E.2d 789 (1968)

272 N.C. 613

Jackie Ray MOSS, by her Next Friend, Ernest Moss, Jr. v. SOUTHERN RAILWAY COMPANY, a Corporation, and J. A. Beal.

Supreme Court of North Carolina.

February 2, 1968.


Attorney(s) appearing for the Case

Dupree, Weaver, Horton, Cockman & Alvis, by Jerry S. Alvis, Raleigh, for plaintiff appellant.

William T. Joyner, Smith, Leach, Anderson & Dorsett, by John H. Anderson, Raleigh, for defendant appellees.


HIGGINS, Justice.

The Court denied the plaintiff's motion for judgment against the Southern Railway Company notwithstanding the jury's answer to Issues 1, 3 and 4. Apparently the Court denied the motion because of the jury's answer to Issue 2 finding Engineer Beal was not negligent. It must be conceded that unless the plaintiff has alleged and has offered evidence that some agent of the railroad other that Beal was guilty of negligence, which was a proximate cause...

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