Absher v. City of Raleigh

Stacy, O. J.

The evidence on the issue of contributory negligence is not all one way. It is sufficiently equivocal and contradictory to require its submission to the jury. Doyle v. Charlotte, 210 N. C., 709; Williams v. Bus Co., ibid., 400, 186 S. E., 482; Oldham v. R. R., ibid., 642. Compare Casque v. Asheville, 207 N. C., 821, 178 S. E., 848. “A serious and troublesome question is continually arising as to bow far a court will declare certain conduct of a defendant negligence and certain conduct of a plaintiff contributory negligence and take away tbe question of negligence and contributory…