Boyd v. Atlantic Coast Line R. Co.
Cases that cite this one
3 later published cases cite this decision.
- Johnson v. SOUTHERN RAILWAY COMPANY (N.C. 1961)
- Ramey v. SOUTHERN RAILWAY COMPANY (N.C. 1964)
- Johnson v. SOUTHERN RAILWAY COMPANY (N.C. 1962)
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
BOYD
v.
ATLANTIC COAST LINE R. CO.
Supreme Court of North Carolina.
*787 Powell & Powell, Whiteville, for plaintiff-appellant.
Poisson, Campbell & Marshall, Wilmington, E. K. Proctor, Whiteville, for defendant-appellee.
WINBORNE, Justice.
If it be conceded that there is evidence tending to show that defendant was negligent as alleged in the complaint, it is clear from the testimony of plaintiff herself that she failed to exercise due care at the time and under the circumstances of her injury, and that such failure to exercise due care contributed to and was a proximate cause of her injury. The case comes within and is controlled by the principles enunciated in Godwin v. Atlantic Coast Line R. Co., 220 N.C. 281, 17 S.E.2d 137; Parrish v. Atlantic Coast Line R. Co., 221 N.C. 292, 20 S.E.2d 299; Penland v. Southern R. Co., 228 N.C. 528, 46 S.E.2d 303; Carruthers v. Southern R. Co., N.C., 59 S.E.2d 782.
Hence, further elaboration on the subject would be only repetitious.
The judgment below is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.