McLeod v. . Lemons

Decided May 26, 1923

Supreme Court of North Carolina · decided 1923-05-26

Appeal by plaintiff from Broch, J., at September Term, 1922, of MONTGOMERY. Civil action for damages, tried upon the following issues: “1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer: ‘Yes.’ “2. Did the plaintiff by his own negligence contribute to his injury, as alleged in the answer ? Answer: Wes.’ “3. What damage, if any, is plaintiff entitled to recover of the defendant?

Decided 1923-05-26

Per Curiam.

¶1 In a collision between plaintiff’s buggy and defendant’s automobile, plaintiff alleges that he was thrown to the ground and seriously injured. There was evidence tending to support the jury’s finrL'-ng on the first and second issues; and we have found no reversible error committed on the trial.

¶2 *611 It is well established that in an action like 'the present the contributory negligence of the plaintiff which proximately- produces the injury will bar a recovery. Construction Co. v. R. R., 184 N. C., 179; Moore v. Iron Works, 183 N. C., 438.

¶3 No error.