Swaim v. High Point, Etc., Railroad

Stacy, C. I.

This is a case of sharp contradictions. The parties do not agree (1) as to when or how the plaintiff’s automobile reached Cedar Lodge Crossing; (2) whether the plaintiff or his companion was driving it at the time; (3)’ whether they were drunk or sober; and, (4) whether they heard or could have heard the whistle signal of the locomotive. Johnson v. R. R., ante, 484.

Conceding, without deciding, that there may be evidence of negligence on the part of the defendant, it is also in evidence, without contradiction, that plaintiff saw the headlight of the locomotive as it approached the…