Boykin v. Atlantic Coast Line Railroad

Stacy, O. J.

The basis of the nonsuit is that plaintiff’s intestate was contributorily negligent as a matter of law under authority of Tart v. R. R., 202 N. C., 52, 161 S. E., 720. Tbe Tart case, supra, is distinguishable by reason of the fact that there the accident occurred 61 steps from the crossing and the plaintiff traversed a distance of 20 feet with unobstructed view before stumbling in front of an on-coming train. Here, the injury occurred at the crossing which had just been obstructed by the shifting engine and cars.

It was conceded on the argument that, had plaintiff's intestate been…