Mason v. Atlantic Coast Line Railroad
This text of 181 S.E. 625 (Mason v. Atlantic Coast Line Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Conceding without deciding that the death of plaintiff’s intestate was caused by the negligence of the defendant, as alleged in the complaint, we are of opinion that all the evidence shows that plaintiff’s intestate by his failure to exercise due care for his own safety, under the circumstances confronting him at the time he was injured, contributed to the injuries which resulted in his death.
Eor this reason there is no error in the judgment dismissing the action.
On the authority of Rimmer v. R. R., ante, 198, and cases therein cited, the judgment is
Affirmed.
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Cite This Page — Counsel Stack
181 S.E. 625, 208 N.C. 842, 1935 N.C. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-atlantic-coast-line-railroad-nc-1935.