Ogle Ex Rel. Ogle v. Gibson
Cases that cite this one
3 later published cases cite this decision.
- Jackson Ex Rel. Jackson v. McBride (N.C. 1967)
- Stewart v. Yellow Cab Co. (N.C. 1947)
- Queen City Coach Co. v. Lee (N.C. 1940)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The jury might have inferred from the instruction given that the defendants could not prevail on the issue of contributory negligence unless they were free from negligence, placing the burden of such a showing upon the defendants.
There could be no contributory negligence unless the defendants were also negligent. Ballew v. R. R., 186 N. C., 704, 120 S. E., 334. It is the contribution which the plaintiff makes to the negligence of the defendants as the proximate cause of the injury which bars the right to recover. Davis v. Jeffreys, 197 N. C., 712, 150 S. E., 488; Elder v. R. R., 194 N. C., 617, 140 S. E., 298; Construction Co., v. R. R., 185 N. C., 43, 116 S. E., 3.
We consider the instruction on this issue erroneous in this respect, entitling the defendants to a new trial.
We do not consider the other exceptions, since they may not recur on the next trial.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.