Klingenberg v. City of Raleigh

The majority opinion holds that the judge in the court below should have peremptorily instructed' the jury in favor of the city of Ealeigh on the issue of negligence. From this view I dissent.

Ordinarily negligence is one of mixed law and fact (Filer v. N. Y. Central R. R., 49 N. Y., 47), but the question of negligence is primarily factual. Lane v. Town, 142 N. Y., 510, 37 N. E., 473; 1 Shearman & Eedfield, the Law of Negligence, 6th ed., sec. 52. “It is well settled that where there is uncertainty as to the existence of either negligence or contributory negligence, the question .is not one of…