Austin v. . Overton

Conceding that under Holland v. Strader, 216 N. C., 436, 5 S. E. (2d), 311, there may be some evidence of the defendant’s negligence, though stressfully controverted by the defendant, still it would seem that plaintiff’s own negligence was the proximate cause of his injury, or one of them. Tarrant v. Bottling Co., 221 N. C., 390; Sibbiti v. Transit Co., 220 N. C., 702, 18 S. E. (2d), 203; Beck v. Hooks, 218 N. C., 105, 10 S. E. (2d), 608. The plaintiff thus proves himself out of court. Godwin v. R. R., 220 N. C., 281, 17 S. E. (2d), 137. It need not appear that his negligence was the sole…