May v. SOUTHERN RAILWAY COMPANY

The jury having answered the issue of contributory negligence against the plaintiff, the defendants are entitled to a judgment unless there is error in the trial below entitling the plaintiff to a venire de novo. Bullard v. Ross, 205 N.C. 495, 171 S.E. 789.

There is error in the charge on the fourth issue which, nothing else-appearing, would entitle the plaintiff to a new trial. His Honor, in effect, charged the jury that if Mrs. Butner approached the crossing at a speed so great she could not stop her automobile within the range of her headlights, she would be guilty of negligence per se.…