{
  "id": 8624962,
  "name": "MATTIE SHERLIN, Administratix of the Estate of C. C. SHERLIN, Deceased, v. SOUTHERN RAILWAY COMPANY and W. H. McLAIN",
  "name_abbreviation": "Sherlin v. Southern Railway Co.",
  "decision_date": "1940-09-25",
  "docket_number": "",
  "first_page": "778",
  "last_page": "779",
  "citations": [
    {
      "type": "official",
      "cite": "218 N.C. 778"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "198 S. E., 640",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "214 N. C., 222",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8629711
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/214/0222-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T19:22:12.547739+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MATTIE SHERLIN, Administratix of the Estate of C. C. SHERLIN, Deceased, v. SOUTHERN RAILWAY COMPANY and W. H. McLAIN."
    ],
    "opinions": [
      {
        "text": "Per Cubiam.\nPlaintiff instituted her action in the general county court of Buncombe County for damages for the wrongful death of her intestate alleged to have been caused by the negligence of the defendants. At tbe close of plaintiff\u2019s evidence motion for judgment of nonsuit was allowed and tbe action dismissed. Upon appeal to tbe Superior Court, tbe rulings of tbe county court were affirmed, and plaintiff appealed to tbis Court.\nTbis case was bere at Fall' Term, 1938, and is reported in 214 N. C., 222, 198 S. E., 640, where tbe facts are stated. It was there held that upon tbe evidence then presented judgment of nonsuit was properly entered.\nFrom an examination of tbe record in tbe present action, it appears that tbe plaintiff\u2019s evidence is substantially tbe same as in tbe former case, and that there is no new element to take it out of tbe rule therein laid down.\nTbe judgment below is\nAffirmed.",
        "type": "majority",
        "author": "Per Cubiam."
      }
    ],
    "attorneys": [
      "W. Harold Sams for plaintiff, appellant.",
      "W. T. Joyner and Jones, Ward & Jones for defendants, appellees."
    ],
    "corrections": "",
    "head_matter": "MATTIE SHERLIN, Administratix of the Estate of C. C. SHERLIN, Deceased, v. SOUTHERN RAILWAY COMPANY and W. H. McLAIN.\n(Filed 25 September, 1940.)\nAppeal by plaintiff from Warlich, J., at January Term, 1940, of BuNCOmbe.\nAffirmed.\nW. Harold Sams for plaintiff, appellant.\nW. T. Joyner and Jones, Ward & Jones for defendants, appellees."
  },
  "file_name": "0778-01",
  "first_page_order": 846,
  "last_page_order": 847
}