Irby v. Southern Railway Company

If it be conceded that the evidence shown in the case on appeal is sufficient to support a finding by the jury that defendants were negligent at least in operating the train at a speed in excess of the city ordinance, the evidence offered by plaintiff, as shown in the case on appeal, establishes as a matter of law that plaintiff, by his own negligence, as a proximate cause, contributed to his injury. Godwin v. R. R., 220 N.C. 281, 17 S.E. 2d 137; McCrimmon v. Powell, 221 N.C. 216, 19 S.E. 2d 880; Bailey v. R. R., 223 N.C. 244, 25 S.E. 2d 833; Parker v. R. R., 232 N.C. 472, 61 S.E. 2d 370;…