Supreme Court of North Carolina, 1925

McNair v. Norfolk Southern Railroad

McNair v. Norfolk Southern Railroad
Supreme Court of North Carolina · Decided September 23, 1925 · PER CURIAM.
129 S.E. 410; 190 N.C. 853; 1925 N.C. LEXIS 199 (South Eastern Reporter)

McNair v. Norfolk Southern Railroad

Opinion of the Court

Pee Cueiam.

Tbe evidence is conflicting on tbe main issue of liability; it is purely a question of fact; tbe jury bas determined tbe matter *854 against tbe plaintiff; there is no reversible error appearing on tbe record; tbe instruction in regard to tbe “prima facie evidence of negligence,” arising under C. S., 3482, where suit is brought within six months after the cause of action accrued, when considered in connection with other portions of the charge, must be resolved in favor' of the validity of the trial; the verdict and judgment will be upheld.

No error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.