Davis v. . Jeffreys

Stacy, C. J.,-

after stating the' case: Conceding that the defendants were negligent in allowing their truck and trailer to stand partly across the highway in the night time, without lights, in violation of C. S., 2615, still we think the evidence discloses .a. clear case of contributory negligence on the part of the plaintiff which bars a recovery. Hughes v. Luther, 189 N. C., 841, 128 S. E., 145.

Contributory negligence, such as will defeat a recovery in an action like the present, is the negligent act of the plaintiff, which concurring and cooperating, with the negligent act of the…