Jernigan v. ATLANTIC COASTLINE RAILROAD COMPANY

The plaintiff instituted this civil action to recover for personal injuries and property damage he sustained in a grade crossing collision between his automobile and the defendant’s switch engine. The accident occurred about 1:20 on the morning of October 7, 1961 as the plaintiff was driving eastward on Third Street in the outskirts of Weldon.

Third Street, a link in U.S. Highway 158, is 36 feet wide. The surface is black asphalt divided into two lanes of equal width for vehicular traffic east and west. At the foot of a hill, three closely parallel yard tracks of the defendant cross Third…