{
  "id": 8627990,
  "name": "SAMPSON B. BAILEY v. BLACK MOUNTAIN RAILWAY COMPANY",
  "name_abbreviation": "Bailey v. Black Mountain Railway Co.",
  "decision_date": "1929-01-16",
  "docket_number": "",
  "first_page": "515",
  "last_page": "516",
  "citations": [
    {
      "type": "official",
      "cite": "196 N.C. 515"
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
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    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
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      "cite": "141 S. E., 350",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
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    },
    {
      "cite": "195 N. C., 67",
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      "category": "reporters:state_regional",
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    {
      "cite": "194 N. C., 617",
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      "opinion_index": 0
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    {
      "cite": "183 N. C., 438",
      "category": "reporters:state",
      "reporter": "N.C.",
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  "analysis": {
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  "last_updated": "2023-07-14T19:28:30.620798+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "SAMPSON B. BAILEY v. BLACK MOUNTAIN RAILWAY COMPANY."
    ],
    "opinions": [
      {
        "text": "Peb Cubiam.\nTbe plaintiff, who was 73 years of age, and deaf, attempted to cross tbe track of defendant at a public crossing near Mica-ville.\n. In describing tbe manner of bis injury, plaintiff said: \u201cI never paid much attention, but I looked up tbe road, and I went to step up on tbe road and didn\u2019t know anything then. . . . When I was within five feet of tbe cross-ties I could see down tbe track . .' . about 200 feet. . . . I wasn\u2019t paying much attention, and I expect I couldn\u2019t bear that noise made by tbe engine pushing those ears around that curve, up grade. I reckon I didn\u2019t look that time when I got within five feet of tbe cross-ties.\u201d There was evidence that tbe train gave no signal as it approached tbe crossing.\nContributory negligence, sucb as will defeat a recovery in a ease like' tbe one at bar, is the negligent act of the plaintiff, which concurring and cooperating with the negligent act' of the defendant, thereby becomes the real, efficient, and proximate cause of the injury, or the cause without which the injury would not have occurred. Moore v. Iron Works, 183 N. C., 438, 111 S. E., 716; Elder v. R. R., 194 N. C., 617, 140 S. E., 298; Pope v. R. R., 195 N. C., 67, 141 S. E., 350.\nThe facts disclosed by the present record bring the case squarely within the principles announced Jiy this Court in the Elder and Pope cases, supra, and the ruling of the trial judge in sustaining the motion of nonsuit is approved.\nAffirmed.",
        "type": "majority",
        "author": "Peb Cubiam."
      }
    ],
    "attorneys": [
      "G. D. Bailey rnd C. B. Hamrick for plaintiff.",
      "J. J. McLaughlin, Charles Hutchins and Pless & Pless for defendant."
    ],
    "corrections": "",
    "head_matter": "SAMPSON B. BAILEY v. BLACK MOUNTAIN RAILWAY COMPANY.\n(Filed 16 January, 1929.)\n1. Railroads \u2014 Negligence\u2014Injuries to Persons On or Near Track \u2014 Contributory Negligence.\nWhere in an action to recover damages for a personal injury alleged to have been negligently inflicted on tbe plaintiff by being struck by defendant\u2019s train while be was negligently attempting to cross tbe tracks without looking for tbe approach of trains, the doctrine of contributory negligence is applied in bar of tbe plaintiff\u2019s recovering damages.\n2. Negligence \u2014 Contributory Negligence \u2014 Proximate Cause.\nThe contributory negligence of tbe plaintiff will bar bis recovering damages arising from tbe negligence of tbe defendant when tbe plaintiff\u2019s negligence concurs and cooperates therewith and becomes tbe real, efficient and proximate cause of tbe injury in suit, or that cause without which the injury would not have occurred.\nCivil action, before McMroy, J., at March Term, 1928, of Yaitcey.\nAt tbe conclusion of tbe evidence for plaintiff tbe motion of nonsuit made by tbe defendant was sustained, and tbe plaintiff appealed.\nG. D. Bailey rnd C. B. Hamrick for plaintiff.\nJ. J. McLaughlin, Charles Hutchins and Pless & Pless for defendant."
  },
  "file_name": "0515-01",
  "first_page_order": 595,
  "last_page_order": 596
}