Weston v. . R. R.

The plaintiff alleged: "That on the morning of 1 October, 1926, about 3 o'clock a.m., the plaintiff was driving his Dodge sedan from Charlotte to Salisbury on said public highway at a moderate rate of speed; that the night was dark and cloudy and a misting rain was falling; that the plaintiff was not familiar with the locality in which he was and did not know that said railroad track crossed the highway at that point; that at said time the defendant . . . negligently stopped and permitted to remain across the highway and upon the track of defendant a long freight train, which at said time was…