Mason v. Atlantic Coast Line R. Co.

• Decision Date: 09 October 1935
• Docket Number: 117.
• Citation: Mason v. Atlantic Coast Line R. Co., 181 S.E. 625, 208 N.C. 842 (N.C. 1935)
• Parties: MASON v. ATLANTIC COAST LINE R. CO.
• Court: North Carolina Supreme Court

181 S.E. 625

208 N.C. 842

MASON v. ATLANTIC COAST LINE R. CO.

No. 117.

Supreme Court of North Carolina

October 9, 1935

Appeal from Superior Court, Nash County; Sinclair, Judge.

Action by Mrs. Minnie H. Mason, administratrix of J. W. Mason deceased, against the Atlantic Coast Line Railroad Company. From the judgment, plaintiff appeals.

Affirmed.

Entry of judgment dismissing action for damages for death alleged to have been caused by defendant's negligence held not error, where deceased was contributorily negligent.

This is an action to recover damages for the death of plaintiff's intestate, which she alleges was caused by the negligence of the defendant. In its answer the defendant denies the allegations of negligence in the complaint, and, in further defense of plaintiff's recovery, pleads the contributory negligence of her intestate.

At the close of all the evidence, on motion of the defendant, the action was dismissed by judgment as of nonsuit. Plaintiff appealed to the Supreme Court.

T. T Thorne and J. W. Grissom, both of Rocky Mount, for appellant.

Spruill & Spruill, of Rocky Mount, and Thos. W. Davis, of Wilmington for appellee.

PER CURIAM.

Conceding without deciding, that the death of plaintiff's intestate was caused by the...