Boyd ex rel. Boyd v. Atlantic Coast Line Railroad

Supreme Court of North Carolina
Boyd ex rel. Boyd v. Atlantic Coast Line Railroad, 232 N.C. 171 (N.C. 1950)
59 S.E.2d 785; 1950 N.C. LEXIS 441
Inbobne

Boyd ex rel. Boyd v. Atlantic Coast Line Railroad

Opinion of the Court

'W’iNBOBNE, J.

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. R. R., 220 N.C. 281, 17 S.E. 2d 137; Bailey v. R. R., 223 N.C. 244, 25 S.E. 2d 833; Penland v. R. R., 228 N.C. 528, 46 S.E. 2d 303; and Carruthers v. R. R., post, 183.

Hence, further elaboration on tbe subject would be only repetitious.

Tbe judgment below is

Affirmed.

Reference

Full Case Name
ELOISE BOYD, by Her Next Friend, WILLIE BOYD v. ATLANTIC COAST LINE RAILROAD COMPANY
Cited By
1 case
Status
Published