Breeden v. Rockingham R. Co.

The opinion of the Court was delivered by

Mr. ChiEE Justice Bonham.

This action was brought for the recovery of damages for personal injuries alleged to have been sustained by the re spondent on or about October 15, 1934, when he drove his automobile off a public highway in Marlboro County in order, as he alleges, to prevent a collision at a public crossing with a train of the Rockingham Railroad Company, operated over the tracks of Atlantic Coast Bine Railroad Company.

The case came on for trial before Honorable G. Duncan Bellinger, presiding Judge, and a jury at the March, 1939, term of the…