Herman v. Atlantic Coast Line Railroad

We fail to discern from the record any evidence of negligence on the part of the railroad company which contributed to the plaintiff’s injury. Even if the engineer or fireman did fail to ring the bell or sound the whistle, of which there is only negative testimony with positive evidence to the contrary, still the defendant had a right to operate the train over its track, and the negligence of the driver of the automobile is so palpable and gross, as shown by plaintiff’s own witnesses, as to render his negligence the sole proximate cause of the injury. Construction Co. v. R. R., 184 N. C.,…