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231 N.C. 494

57 S.E.2d 783

Moore v. Boone

Supreme Court of North Carolina

Decided March 1, 1950

Supreme Court of North Carolina · decided 1950-03-01

Cited by 24 later decisions — most recently March 1968

24 state decisions

Key passage — most relied on by later courts

““It is the prevailing and permissible rule of practice to enter judgment of nonsuit in a negligence case, when it appears from the evidence offered on behalf of the plaintiff that his own negligence was the proximate cause of the injury, or one of them. The plaintiff thus proves himself out of court. It need not appear that his negligence was the sole proximate cause of the injury, as this would exclude any idea of negligence on the part of the defendant. It is enough if it contribute to the injury. The very term 'contributory negligence’ ex vi termini implies that it need not be the sole cause of the injury. The plaintiff may not recover, in an action like the present, when his negligence concurs with the negligence of the defendant in proximately producing the injury.””

quoted by 1 later decision, including Griffin v. Ward

Relies on Tyson v. . Ford · Cox v. Lee · Tarrant Ex Rel. Tarrant v. Pepsi-Cola Bottling Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1950-03-01

View the full empirical analysis of this case →

Stacy, C. J.

¶1 The question for decision is whether the evidence taken in its. most favorable light for the plaintiff survives the demurrer. The trial court answered in the negative, and we approve.

¶2 It may be doubted whether sufficient evidence of negligence on the part of the defendant was offered on the hearing. However this may be, it clearly appears from the questions propounded by the court that plaintiff was inattentive to his own safety. He was either following defendant’s truck more closely than was reasonable and prudent or he was driving at an excessive rate of speed under the conditions then existing. Tarrant v. Bottling Co., 221 N.C. 390, 20 S.E. 2d 565. Such was the conclusion of the trial court, and his judgment is supported by the record. Cox v. Lee, 230 N.C. 155, 52 S.E. 2d 355; Atkins v. Transportation Co., 224 N.C. 688, 32 S.E. 2d 209; Austin v. Overton, 222 N.C. 89, 21 S.E. 2d 887; Tarrant v. Bottling Co., supra. Note, the plaintiff does not say the truck showed no signal lights indicating a left turn. His statement is, “I did not see any signal or lights showing on the truck that the driver intended to do anything except go straight ahead.” Hollingsworth v. Grier, ante, 108.

¶3 The plaintiff’s negligence, to defeat a recovery in an action like the present, need not be the sole proximate cause of the injury. It is enough if it contribute to the injury as a proximate cause, or one of them. Fawley v. Bobo, ante, 203; Tyson v. Ford, 228 N.C. 778, 47 S.E. 2d 251; Bus Co. v. Products Co., 229 N.C. 352, 49 S.E. 2d 623.

¶4 The case is controlled by the Cox, Atkins, Austin, and Tarrant cases above cited. There was no error in sustaining the demurrer to the evidence and dismissing the action as in case of nonsuit. Compare Barlow v. Bus Lines, 229 N.C. 382, 49 S.E. 2d 793.

¶5 Affirmed.

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