Marshall v. Southern Railway Co.

Passing without deciding the question raised as to whether defendant were negligent as alleged in the complaint, it is manifest from the evidence that plaintiff failed to exercise due care at the time and under the circumstances of his injury, and that such failure contributed to, and was a proximate cause of his injury and damage. The case comes within and is controlled by the principles enunciated and applied in Weston v. R. R., 194 N.C. 210, 139 S.E. 231; Lee v. R. R., 212 N.C. 340, 193 S.E. 395; Beck v. Hooks, 218 N.C. 105, 10 S.E. 2d 608; Sibbitt v. Transit Co., 220 N.C. 702, 18 S.E. 2d…