Odom v. Atlantic Coast Line Railroad

Stacy, C. J.,

after stating the case: The facts of the instant case are so nearly like those in the case of Parker v. R. R., 181 N. C., 95, and the principles of law applicable are so thoroughly discussed in that case, with full citation of authorities, that we deem it unnecessary to do more than refer to the Parker case, as authority for reversing the present judgment of nonsuit. See, also, McLellan v. R. R., 155 N. C., 1.

The evidence of negligence is plenary, and even though Cope, the driver of the truck, may have been guilty of negligence, which also contributed to the plaintiff’s…