Purnell v. Raleigh & Gaston Railroad

Citations

• 29 S.E. 953
• 122 N.C. 832
• 1898 N.C. LEXIS 361

Syllabus

<p>Action for Damages — Non-Suit—Hinsdale’s Act — Railroads — Injury to Person on Track — Negligence— Conir ibutory Negligence — Evidence—1 n stmt ction.</p> <p>✓ 1. Prior to the passage of Chapter 109, Acts of 1897, the defendant might at the close of plaintiff's evidence in chief move to dismiss the action, as upon a demurrer to the evidence, but, if refused, the benefit of the motion was lost and, if renewed at the close of the evidence subsequently offered, the motion would then depend upon the whole evidence in the case; but now, since the passage of said Act, the defendant has the right to have the ruling of the Court reviewed upon the state of the case as it existed at the time of the motion, at the close of the plaintiff’s evidence in chief.</p> <p>✓ 3. On a motion for non-suit under Chapter 109, Acts of 1897, every fact that plaintiff’s evidence tends to prove must betaken as proved.</p> <p>8. Where, in the trial of an action for damages for injuries resulting in the death of plaintiff’s intestate, it appeared that deceased went upon the track of defendant Company under a railroad shed containing five tracks and not lighted by defendant and dark, except so far as the darkness was relieved by the reflection of lights from a hotel and stores on either side of the shed and from a passing train of another railroad company; and that the shed was a common resort for the people of the town, and that through and across it and across the track of defendant company thereunder, was a frequented passway for the public with the consent of the defendant; and that deceased was standing on the pass way when defendant’s train, four hours late, backed under the shed without light or flagman, at the rate of four miles an hour, and ran over and killed the deceased; Held, that such facts raised an issue of negligence to be submitted to the jury.</p> <p>4. In such case the evidence of witnesses to the effect that they were there and did not see lights or flagman where they shoul