King v. . R. R.

Each of plaintiffs instituted a suit for damages against the defendant, alleging in substance that on the afternoon of 29 November, 1926, they were traveling as gratuitous guests in an automobile owned and driven by Hunter Merrimon upon a public highway leading from Oakville, North Carolina, toward Warren Plains; that the tracks of defendant crossed said highway at grade. There is a North Carolina stop sign and a railroad cross-arm at the crossing.

The evidence tended to show that snow was falling and that about three o'clock in the afternoon the engineer of a locomotive engine backed said…