Atlantic Coast Line Railroad v. McLean Trucking Co.

This action grew out of the collision between plaintiff’s northbound passenger train and the defendant’s truck at a street crossing in the town of Dunn. The collision occurred about midnight 15 September, 1952. The defendant’s truck was being driven by its employee, John W. Kent, eastward along Cumberland Street and across plaintiff’s tracks, and when the truck was on the easternmost or northbound track it was struck by plaintiff’s train. Damage to plaintiff’s train and to defendant’s truck resulted from the collision.

One crossing the plaintiff’s tracks at this point, moving from west to…