Peeler v. Southern Railway Co.
Court of Appeals of North Carolina
1Opinion of the Court
VAUGHN, Judge.
Contributory negligence is an act or omission by a plaintiff, amounting to a lack of ordinary care, concurring and cooperating with some negligent act or omission on the part of the defendant that makes the act or omission of the plaintiff a proximate cause of the injury complained of. Adams v. Board of Education, 248 N.C. 506, 103 S.E. 2d 854. A motion for directed verdict upon the ground of contributory negligence should be allowed only when plaintiff’s evidence, considered in the light most favorable to him, together with inferences favorable to him that may be reasonably…
2Cases cited6 opinions
- Cole v. KoonceSupreme Court of North Carolina · 1938
- Hampton v. . HawkinsSupreme Court of North Carolina · 1941
- Adams Ex Rel. Adams v. State Board of EducationSupreme Court of North Carolina · 1958
- Atwood Ex Rel. Hayes v. HollandSupreme Court of North Carolina · 1966
- Jernigan v. ATLANTIC COASTLINE RAILROAD COMPANYSupreme Court of North Carolina · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stallings v. Food Lion, Inc.Court of Appeals of North Carolina · 2000
- Smith v. Wal-Mart Stores, Inc.Court of Appeals of North Carolina · 1998
- Wilburn v. HoneycuttCourt of Appeals of North Carolina · 1999
- Stewart v. Central of Georgia RailroadDistrict Court, S.D. Georgia · 2000
- Swinson v. Lejeune Motor Company, Inc.Court of Appeals of North Carolina · 2001
1 more not listed; retrieve them via the Exa API.