Greenlee v. . R. R.

FAIRCLOTH, C. J., and FURCHES, J., dissent. In any aspect of this case the defendant is liable, whether the plaintiff was or was not guilty of contributory negligence, for the negligence of the defendant in not having self-couplers, and in sending a man to couple cars at all was a continuing negligence which existed subsequent to the contributory negligence, if there had been any, of the plaintiff, and was the proximate cause, the causa causans of the injury.

Six years ago (1892) in Mason v. R. R., 111 N.C. 482, at page 487, the Court, in considering "whether the defendant company was…