Goldstein v. Atlantic Coast Line Railroad

The plaintiff bases ber right to recovery upon the following elements of negligence:

1. That tbe railroad company failed to provide a watchman or signaling device at the crossing.

2. That the company, in violation of the ordinance of the city of Wilmington, permitted a gondola car to remain over the crossing more than three minutes.

There was some contention about the failure of the railroad company to maintain a stop sign at the crossing, but there is no specific allegation in the complaint alleging the absence of a stop sign as an element of negligence. The evidence disclosed that no regular…