McMillan v. . Butler

The defendant feckfully contends that the plaintiff contributed to his own injury by driving in front of an on-coming car without keeping a proper lookout or without heeding what a proper lookout would have disclosed, and that recovery should be denied on the ground of plaintiff’s contributory negligence. Tart v. R. R., 202 N. C., 52, 161 S. E., 720.

Conceding that both drivers may have been negligent, we think the question of proximate cause, and hence the issue of ultimate liability, was for the jury. Lincoln v. R. R., 207 N. C., 787, 178 S. E., 601; Oldham v. R. R., 210 N. C., 642, 188 S.…