Bennett Ex Rel. Bennett v. Southern Railway Co.

We think, if it be conceded the defendant was negligent in the operation of its engine, the plaintiff failed to use reasonable care for his own safety, and thereby contributed to his injury. Coleman v. R. R., 153 N.C. 322, 69 S.E. 251; Bailey v. R. R., 196 N.C. 515, 146 S.E. 135; Tart v. R. R., 202 N.C. 52, 161 S.E. 720; Rimmer v. R. R., 208 N.C. 198, 179 S.E. 753; Bullock v. R. R., 212 N.C. 760, 194 S.E. 468.

“A railroad crossing is itself a notice of danger, and all persons approaching it are bound to exercise care and prudence, and when conditions are such that a diligent use of the senses…