Hallow v. Atlantic Coast Line Railroad

Tbe thesis of tbe demurrer is, that plaintiff was con-tributorily negligent in attempting to alight from a moving train, which bars recovery, and that this affirmatively appears from tbe complaint. Stamey v. R. R., 208 N. C., 668, 182 S. E., 130; Ballinger v. Thomas, 195 N. C., 517, 142 S. E., 761; Morrow v. R. R., 134 N. C., 92, 46 S. E., 12; Burgin v. R. R., 115 N. C., 673, 20 S. E., 473.

We do not so understand tbe allegations of tbe complaint. It is alleged that when tbe plaintiff discovered be could not alight in safety be immediately decided to remain on tbe train. This is what be should…