Herndon v. North Carolina Railroad

Assuming but not deciding that the evidence offered below made out a prima facie case of actionable negligence against the defendants, nevertheless, it is manifest from the evidence adduced that plaintiff’s intestate failed to exercise due care under the surrounding circumstances for his own safety and that such failure contributed to, and was a proximate cause of, his death. The case is controlled by the principles explained and applied in Carruthers v. R. R., 232 N.C. 183, 59 S.E. 2d 782; Bailey v. R. R., 223 N.C. 244, 25 S.E. 2d 833; McCrimmon v. Powell, 221 N.C. 216, 19 S.E. 2d 880;…