IRBY v. SOUTHERN RAILWAY COMPANY

No. 240.

98 S.E.2d 349 (1957)

246 N.C. 384

Coyt IRBY v. SOUTHERN RAILWAY COMPANY, a corporation, and F. E. Ross.

Supreme Court of North Carolina.

June 7, 1957.


Attorney(s) appearing for the Case

William H. Booe, Charlotte, for plaintiff appellant.

W. T. Joyner, Raleigh, Robinson, Jones & Hewson, Charlotte, for defendants appellees.


WINBORNE, Chief Justice.

If it be conceded that the evidence shown in the case on appeal is sufficient to support a finding by the jury that defendants were negligent at least in operating the train at a speed in excess of the city ordinance, the evidence offered by plaintiff, as shown in the case on appeal, establishes as a matter of law that plaintiff, by his own negligence, as a proximate cause, contributed to his injury...

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