Cutler v. Roanoke Railroad & Lumber Co.
Supreme Court of North Carolina
ActioN by J. M. land J. A. Cutler against the Roanoke Railroad and Lumber Company, heard by Judge T. A. Mc-Neill and a jury, at Fall Term, 1900, of the Superior Court of WASHINGTON County. From a judgment for the plaintiffs, the defendant appealed.
1ConcurrenceDouglas, J.
I can not concur in the contention of the: defendant, that because two men are at ami’s *484length, as all men generally ara, unless they occupy some fiduciary relation to' each other, one can safely perpetrate a fraud upon the other. This rather novel doctrine seems to be based upon the idea of contributory negligence on the part of the plaintiff, which, concurring with that of the defendant, becomes tire procsimate cause of the fraudulent result. This -application of tire doctrine of contributory negligence is new to me; but even if it were admissible, it could not be a defence in tire present…
2Cases cited2 opinions
- Dellinger v. . GillespieSupreme Court of North Carolina · 1896
- Boyden v. . ClarkeSupreme Court of North Carolina · 1891