JAMES v. ATLANTIC & EAST CAROLINA R. CO.

No. 239.

65 S.E.2d 214 (1951)

233 N.C. 591

JAMES v. ATLANTIC & EAST CAROLINA R. CO. et al.

Supreme Court of North Carolina.

May 23, 1951.


Attorney(s) appearing for the Case

Scott B. Berkeley, Goldsboro, for plaintiff appellant.

Matt H. Allen, Kinston, Dees & Dees, Goldsboro, for Atlantic & East Carolina R. Co., defendant appellee.

R. Mayne Albright, Raleigh, for Atlantic & North Carolina R. Co., defendant appellee.


WINBORNE, Justice.

The questions, decisive of this appeal, are these: (1) Is there sufficient evidence as shown in the record to require the submission of an issue as to contributory negligence? (2) If so, is there error in the charge in respect to the burden of proof as it relates to the issue of contributory negligence? Both questions deserve an affirmative answer.

In considering the first question it must be borne in mind that the defendants base their...

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