Reeves v. Staley

When the evidence is considered in the light most favorable to plaintiff, we are of opinion that the case comes within the principles enunciated in Smith v. Sink, 211 N. C., 125, 192 S. E., 108; Powers v. Sternberg, 213 N. C., 41, 195 S. E., 88; and Butner v. Spease, 211 N. C., 82, 6 S. E. (2d), 808, and is insufficient to require that an issue of negligence be submitted to the jury. It is manifest that Elijah Sexton was negligent and that his negligence insulated negligence, if any, *582of defendants, and was tbe sole proximate cause of tbe collision. Tbis conclusion finds support in Harton v.…