Atlantic Coast Line Railroad v. Sweatman

Code § 94-503 provides that “all railroad companies shall keep in good order, at their expense, the public roads or private ways established pursuant to law, where crossed by their several roads.” The answer to whether or not the crossing in the present case comes within either of the two classifications in the statute, “public roads” or “private ways established by law,” will be determinative of the question of the defendants’ duty to maintain the crossing in good order and also determinative of the question whether the defendants were guilty of negligence per se in allegedly failing to keep…