One driver may have been more or less negligent than the other, but the law does not measure negligence on a percentage basis in cases of this nature. Cashatt v. Seed Co., 202 N.C. 383, 162 S.E. 893. Each defendant is civilly responsible if some negligent act of his, combined with the negligent act of the other, produces the harmful result. Darroch v. Johnson, 250 N.C. 307, 108 S.E.2d 589.
STACY, J., having presided at one of the former trials of this case in the Superior Court, took no part in the present decision. Cited: Moore v. Iron Works, 183 N.C. 440; Ramsey v. Oil Co., 186 N.C. 741; Davis v. Long, 189 N.C. 134; Cashatt v. Seed Co., 202 N.C. 384. (571)
Upon the issues as found by the jury the defendant is entitled to judgment. Error. Cited: Moore v. Iron Works, 183 N.C. 439; S. v. Lumber Co., 186 N.C. 126; Corporation Commission ex rel Granite Co. v. R. R., 187 N.C. 430; Stewart v. Lumber Co., 193 N.C. 140; Moore v. Rawls, 196 N.C. 128; Cashatt v. Seed Co., 202 N.C. 384; Gurganus v. Manufacturing Co., 204 N.C. 529.
The alternative doctrine of comparative negligence allows a plaintiff to recover a percentage of the plaintiff's damages equal to the defendant's share of fault, even if the injury is caused in part by the negligence of both the plaintiff and the defendant. SeeCashatt v. Asheville Seed Co. , 202 N.C. 383, 383, 162 S.E. 893, 894 (1932). Contributory negligence remains the law of North Carolina and this Court adheres to precedent.