Bradham v. McLEAN TRUCKING COMPANY

Decisive of this appeal is the question whether the evidence shows contributory negligence on the part of the plaintiff as a matter of law. If the evidence in the light most favorable to the plaintiff shows he was negligent and that his negligence was the proximate cause, or one of the proximate causes of the accident in which he was injured, he cannot recover, notwithstanding defendants’ negligence also was one of the proximate and participating causes.

The evidence discloses the collision occurred on 26 June, 1954, at about five o’clock in the morning, at an intersection between Wilkinson…