Curlee v. Southern Railway Co.

(dissenting) : I think that the judgment should be reversed upon the clearly erroneous charge concerning the defense of contributory negligence. The Circuit Judge, in explaining the burden of proof which the law lays upon the plaintiff in such a case, declared very properly:

“The plaintiff must not only show that the defendant was negligent, * * * but that such act of negligence * * * was the*proximate cause of the injury to the plaintiff.”

He then proceeded to define “proximate cause” as referred to the act of the defendant thus:

“ ‘The proximate cause is such a cause that operates to produce…