Supreme Court of North Carolina, 1936

Rose v. Atlantic Coast Line Railroad

Rose v. Atlantic Coast Line Railroad
Supreme Court of North Carolina · Decided October 14, 1936
210 N.C. 834

Rose v. Atlantic Coast Line Railroad

Opinion of the Court

Per Curiam.

The judgment of nonsuit must be affirmed on authority of Goldstein v. R. R., 203 N. C., 166, 165 S. E., 337, and Weston v. R. R., 194 N. C., 210, 139 S. E., 237. These cases are controlling upon the facts presently appearing of record.

The case of Dickey v. R. R., 196 N. C., 726, 147 S. E., 15, cited and relied upon by plaintiffs, is distinguishable in that no town ordinance was being violated by the defendant at the time of the accident as was the situation in Biekey s case, supra.

The pertinent authorities are assembled in Sessoms v. R. R., 208 N. C., 844, 182 S. E., 112.

Affirmed.

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