Green v. Bowers Book Reviews

Green v. Bowers by Supreme Court of North Carolina No. 108 Book Summary

The court properly ruled that the plaintiff was not of sufficient age nor possessed of that degree of intelligence which would make him chargeable with contributory negligence, but, in response to request from defendant, charged the jury that ""If they found from the evidence that as the defendant was passing the car in which plaintiff had been riding, the plaintiff jumped from the car and into defendant's truck, and that this action on the part of plaintiff was the sole proximate cause of his injury, they should answer the first issue no."" To this the court added, ""I give you this instruction at the request of the defendant, charging you that you would have to find that there was no negligence on the part of the defendant in passing the car, either in the way or manner in which he operated his truck, or in the failure to give signals as he approached the car, or his failure to keep a proper lookout -- if you find from the testimony and by its greater weight, the burden being upon the plaintiff to so satisfy you, that he did so.""

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