Scott v. Western Union Telegraph Co.

The judgment of nonsuit, we take it, was based upon the theory that the contributory negligence of the intestate bars the plaintiff’s recovery of damages. Upon no other principle can we sustain the judgment in behalf of all the defendants. As the burden of showing contributory negligence ordinarily rests upon the defendants, we must decide whether the plaintiff’s evidence establishes this defense. If it does, the judgment must be affirmed.

In Covington v. Furniture Co., 138 N. C., 374, the Court, quoting Labatt, 333, gave the following statement of the rule which controls in the present ease:…