Mansfield v. Anderson

EXUM, Justice.

The several claims, cross-claims, and counterclaims asserted all arise out of a collision on 19 March 1976 between a train and a tractor-trailer at a grade crossing of the railroad and the roadway. The sole question presented is whether the Court of Appeals’ majority erred in concluding that the operator of the tractor-trailer was contributorily negligent as a matter of law. We hold this conclusion to be error and reverse. We order that the judgment of the trial court be reinstated.

The Winston-Salem Southbound Railway Company owned the train, and Ray Mansfield, its engineer,…