Murphy v. Atlantic Coast Line Railroad
Murphy v. Atlantic Coast Line Railroad
191 S.E. 329; 211 N.C. 741; 1937 N.C. LEXIS 207
(South Eastern Reporter)
Murphy v. Atlantic Coast Line Railroad
Opinion of the Court
In tbe absence of any evidence at tbe trial of this action tending to show that plaintiff’s injuries were caused by tbe negligence of tbe defendant, as alleged in bis complaint, there is no error in tbe judgment dismissing this action.
All tbe evidence showed that plaintiff’s own negligence was tbe sole, proximate cause of bis injuries. In no aspect of tbe case is tbe doctrine of “tbe last clear chance” applicable to tbe facts shown by all tbe evidence. See Redmon v. R. R., 195 N. C., 764, 143 S. E., 829.
Tbe judgment is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.