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EARNHARDT v. SOUTHERN RAILWAY COMPANY

Civ. No. C-92-G-66.

281 F.Supp. 585 (1968)

I. C. EARNHARDT, Administrator of the Estate of Herbert Hoover Earnhardt v. SOUTHERN RAILWAY COMPANY.

United States District Court M. D. North Carolina, Greensboro Division.

March 14, 1968.

Attorney(s) appearing for the Case

Schoch, Schoch & Schoch, John Haworth, High Point, N. C., for plaintiff.

McLendon, Brim, Brocks, Pierce & Daniels, Greensboro, N. C., for defendant.

OPINION

HAYES, District Judge:

The motion for a directed verdict against plaintiff on contributory negligence will not be granted unless the evidence of plaintiff together with the inferences reasonable minds might deduce therefrom establish that he was contributorily negligent which was a proximate cause of his injury.

The failure to stop and walk around where he could see in Baltimore and O. R. Co. v. Goodman, 275 U.S. 66

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