Murphy v. Atlantic Coast Line Railroad

191 S.E. 329, 211 N.C. 741, 1937 N.C. LEXIS 207

• Court: Supreme Court of North Carolina
• Decided: May 19, 1937
• Status: Published

Opinion

PeR Curiam.

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.