Jackson v. Jackson

The sole question presented by this appeal is whether plaintiff’s evidence, considered in the light most favorable to him, establishes his own negligence as one of the proximate causes of his injury so clearly that no other conclusion can be reasonably drawn therefrom.

It is settled law in this State that a passenger must use that care for his own safety that a reasonably prudent person would employ under the same or similar circumstances. Samuels v. Bowers, 232 N.C. 149, 59 S.E. 2d 787. If the passenger’s conduct fails to measure up to this standard he may be guilty of contributory…