Moore v. Atlantic Coast Line Railroad

In Lassiter v. R. R., 133 N. C., 244; Smith v. R. R., 132 N. C., 819, and Peoples v. R. R., 137 N. C., 96, the distinction is clearly recognized between the presumption which arises when a person in the apparent possession of all his faculties is seen walking on the track and the duty owed to one of the railroad employees who is absorbed and engrossed in his work. In the Lassiter case, supra, the conductor of a freight train had his back to an approaching shifting engine, and while engaged in giving orders to his men on his own train, stepped in front of the box cars attached to the shifting…