Oldham v. Seaboard Air Line Railway Co.

Does the plaintiff’s alleged contributory negligence bar a recovery as a matter of law? The answer is “No.” Lincoln v. R. R., 207 N. C., 787, 178 S. E., 601. The issue was for the twelve.

Defendants have apparently misinterpreted plaintiff’s testimony. He does not say he knew the train was approaching before going upon the crossing. His statement, “I thought the train was coming from the south,” has reference to what he thought after his car had choked down or stopped, due to the direction in which the watchman was looking when he ran out with his stop sign.

The pertinent principle was stated…