Quinn Ex Rel. Quinn v. Atlantic & Yadkin Railway Co.

The defendant’s demurrer to the evidence or motion for judgment of nonsuit was properly overruled on authority of Brown v. R. R., 208 N. C., 57, 179 S. E., 25, and Bagwell v. R. R., 167 N. C., 611, 83 S. E., 814.

The court instructed the jury that if the negligence of Simmons was the sole proximate cause of plaintiff’s injury, she could not recover of the railway company. In this, there was no error. Powers v. Sternberg, ante, 41. He further gave four tests to be applied in determining whether Simmons’ negligence was the sole proximate cause of plaintiff’s injury. One was: “The negligence of…