Neal v. Booth
Supreme Court of North Carolina
1Opinion of the Court
SHARP, Chief Justice.
The Court of Appeals correctly held that plaintiff’s evidence in this case is sufficient to establish prima facie that the negligence of defendants was a proximate cause of intestate’s death. Thus, this appeal presents only the question whether the Court of Appeals erred in holding that plaintiff’s evidence also established her intestate’s contributory negligence as a matter of law. Defendant’s motion for a directed verdict on the ground of intestate’s contributory negligence cannot be sustained unless plaintiff’s evidence, taken as true and interpreted in the light most…
2Cases cited6 opinions
- Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
- Johnson v. SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1961
- Kinlaw v. NORFOLK SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1967
- Johnson v. SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1962
- Brown v. Atlantic Coast Line Railroad CompanySupreme Court of North Carolina · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Southern Railway Co. v. O'Boyle Tank Lines, Inc.Court of Appeals of North Carolina · 1984
- Mansfield v. AndersonSupreme Court of North Carolina · 1980
- Dixon v. CSX Transportation, Inc.Court of Appeals for the Fourth Circuit · 1993
- Miller v. DavisCourt of Appeals of North Carolina · 1984
- Southern Railway Co. v. Biscoe Supply Co.Court of Appeals of North Carolina · 1994
7 more not listed; retrieve them via the Exa API.