Butner v. Spease

Stacy, C. J.,

after stating the facts as above: The case calls for the application of old and familiar principles to new facts. It is conceded that in one respect the record presents a difficult problem. See Powers v. Sternberg, 213 N. C., 41, 195 S. E., 88, and Quinn v. R. R., ibid., 48, 195 S. E., 85. Indeed, the application of the doctrine of insulating the negligence of one by the subsequent intervention of the active negligence of another, as a matter of law, is usually fraught with some knottiness. Smith v. Sink, 211 N. C., 725, 192 S. E., 108. However, the principle is a wholesome one,…