Dudley v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by the defendant from Grimmer, J., at May Term, 1920, of Beaueokt. Tbis is an action to recover damages sustained by an automobile in crossing the defendant’s track on Second Street, Washington, N. 0. Tbe automobile was going west on said street, which the railroad track crosses about 200 feet from Gladden Street. The space between the two streets is occupied by a warehouse. The engine came out from behind the warehouse.
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Appeal by the defendant from Grimmer, J., at May Term, 1920, of Beaueokt. Tbis is an action to recover damages sustained by an automobile in crossing the defendant’s track on Second Street, Washington, N. 0. Tbe automobile was going west on said street, which the railroad track crosses about 200 feet from Gladden Street. The space between the two streets is occupied by a warehouse. The engine came out from behind the warehouse. There was evidence tending to show that it was then too late to avoid the collision. There was also evidence for the defendant that the engine bell was being rung, and…
1Opinion of the CourtOlabk, C. J.
We do not think the exceptions to the evidence require any discussion. It was in evidence that the watchman was placed by the defendant at this crossing with the approval of the governing body of the city. It,was not error for the court to permit the plaintiffs to offer evidence that there was no automatic alarm, or gates, at the crossing, and the court properly left it to the jury to say, upon all the attendant circumstances, whether the railroad company- was negligent in not erecting gates. It was incumbent upon the defendant to take such reasonable precautions as were necessary to the…
2Cases cited5 opinions
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Clements v. Southern Railway Co.Supreme Court of North Carolina · 1920
- Goff v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1920
- Forsyth v. Zebulon Cotton Oil Mill Co.Supreme Court of North Carolina · 1914
- Osborne v. Southern Railway Co.Supreme Court of North Carolina · 1912
3Cited by12 opinions
- Moseley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1929
- Batchelor v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1928
- Caldwell v. . R. R.Supreme Court of North Carolina · 1940
- Harper v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1937
- Blum v. Southern Railway Co.Supreme Court of North Carolina · 1924
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