Wednesday, September 17, 2008

Marshall v. Southern Railway Co.

Marshall v. Southern Railway Co.
233 N.C. 38, 62 S.E.2d 489 (1950)

Facts: Defendant's train tracks had supports by a road; plaintiff ran into them because he was distracted by another driver's brights.

Procedure: Trial judge sustained defendant's motion for nonsuit.

Issue: Was there a suit?

Holding: No.

Reasoning: Plaintiff failed to exercise due care as a driver.

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