Poplin v. . Adickes

The case turns, not upon, the negligence of the defendant, which is conceded, but upon the alleged contributory negligence of the plaintiff, which is almost, but not quite, established in the opinion of the majority. At any rate, the thought has prevailed that the question of proximate cause, under the circumstances, is one for the jury. Construction Co. v. R. R., 184 N. C., 179, 113 S. E., 672; Taylor v. Lumber Co., 173 N. C., 112, 91 S. E., 719. The view of the minority is, that the plaintiff took a chance in the presence of obvious danger and lost. Lea v. Utility Co., 175 N. C., 459, 95 S.…