Phillips v. NORTH CAROLINA RAILROAD COMPANY

All of plaintiff’s assignments of error are to the charge of the court to the jury; he has none to the evidence.

Assignment of error number one relates to the charge on the second issue, contributory negligence. On that issue the court correctly placed the burden of proof on defendants, and charged as follows:

“(Now, inasmuch as the issue is submitted to you on contributory negligence, the Court will have to define contributory negligence and very briefly it is this; there is no basic difference between negligence on the part of the defendant and negligence on the part of a plaintiff, or a…