Cashatt v. . Brown

We do not think the nonsuit can be sustained.

The allegations of the complaint and the evidence were to the effect that the Baughn’s Crossing was used prior to the construction of defendant’s road and since its construction, “the public and other persons who desired to visit the place and persons who occupied said two houses eon- stantly and habitually used said crossing, and said usage was acquiesced in and approved by said defendant company.”

In Stone v. R. R.; 197 N. C., 429 (431), it is said:' “The duty of a railroad company with respect to the maintenance of a crossing over its track,…