Taylor v. Walker

I dissent. If the only inference that can be drawn from the evidence is that contributory negligence is a proximate cause of the injury, the plaintiff cannot recover. Ragland v. Moore, 299 N.C. 360, 261 S.E. 2d 666 (1980). If the plaintiff did something that a reasonable and prudent man would not have done, or failed to do something that a reasonable and prudent man would have done, under all the circumstances, and the plaintiff should have reasonably foreseen that this would cause the injury that occurred, or some similar injurious result, he is barred from recovery by his contributory…