Norfolk Southern Ry. Co. v. Swindell

PARKER, Circuit Judge.

This is an appeal in a railroad crossing collision case in which there was verdict and judgment for plaintiff; and the only question presented by the appeal is the sufficiency of the evidence to take the case to the jury against defendant’s motion for a directed verdict.

The collision occurred around eight o’clock of a dark, foggy night in February near Elizabeth City, North Carolina, where the highway between Elizabeth City and Hertford crosses a little used spur track of the defendant. According to plaintiff’s testimony he approached the crossing, with which he was…