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eBook details

• Title: Cummins v. Southern Fruit Co.
• Author : Supreme Court of North Carolina
• Release Date : January 28, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The appellants base their contention that plaintiff was contributorily negligent very narrowly on the fact that he did not stop or cut down his rate of travel, which was not unlawful, when meeting and passing another car, about 25 feet from the defendants truck, which was parked without lights or flares in the center of the right-hand lane over which plaintiff had the right of way. At that point, defendants contend, the plaintiff was momentarily blinded by an approaching car; and his negligence in not stopping is therefore a contributing approximate cause of his injury. A much broader view of the occurrence and its component and related factors is necessary to determine whether the plaintiff failed to exercise ordinary prudence under the circumstances and conditions which prevailed at the time of the collision. In this respect, the task of the reviewing court on the question of contributory negligence is not merely to determine from the weight of the evidence, however convincing, whether plaintiff was negligent -- that would be for the jury; but to say whether his contributory negligence is so clearly apparent that no person with a reasonable mind could draw any other inference. Neal v. R.R., 126 N.C. 634, 36 S.E., 117; Hayes v. Western Union Telegraph Co., 211 N.C. 192, 193, 189 S.E., 499; Godwin v. R.R., 220 N.C. 281, 17 S.E.2d 137; McCrowell v. R.R., 221 N.C. 366, 374, 20 S.E.2d 352.

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