Southern Railway Company v. I. C. Earnhardt, Administrator of the Estate of Herbert Hoover Earnhardt, Deceased

This is an action for the recovery of damages for the death of Plaintiff’s decedent resulting from a collision between a truck operated by the decedent and a southbound freight train of the Defendant at a grade crossing near Jamestown, North Carolina. The truck was approaching the crossing from an easterly direction. Plaintiff alleges that the collision was due to negligence in the operation of the train. Defendant denies negligence and alleges the affirmative defense of contributory negligence on the part of decedent. The District Court denied a motion to dismiss the action on the grounds of…