McLellan v. North Carolina Railroad
Supreme Court of North Carolina
Appeal from Daniels, J., at tbe January Term, 1911, of DURHAM. Civil action brought to recover damages for alleged negligence upon tbe part of defendant’s gate-keeper in injuring plaintiff while passing through the railroad gates protecting the tracks at Corcoran street crossing in the city of Durham. The usual issues of negligence, contributory negligence and damages were submitted.
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Appeal from Daniels, J., at tbe January Term, 1911, of DURHAM. Civil action brought to recover damages for alleged negligence upon tbe part of defendant’s gate-keeper in injuring plaintiff while passing through the railroad gates protecting the tracks at Corcoran street crossing in the city of Durham. The usual issues of negligence, contributory negligence and damages were submitted. The jury answered the issues in favor of the plaintiff and assessed his damage at $1,000. Defendant appealed.
1Opinion of the CourtBrowN, J.
The facts are that the defendant operated railway gates on both sides of Corcoran street crossing in the city of Durham for the protection of its tracks, as well as those of the Norfolk & Western and Seaboard Air Line railways.
On the 22d of December, 1909, the gates being up, plaintiff entered upon the crossing, going south, driving a horse and buggy. When within fifty-nine feet of the south gate the gong in the gate-tower sounded, a signal that a train was approaching and that gates would close. The plaintiff was then on the N. & W. track, and his horse in a trot. He did not stop, but drove…
2Cases cited1 opinion
- Parrott v. RailroadSupreme Court of North Carolina · 1906
3Cited by4 opinions
- Pope v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1928
- Odom v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1927
- Atlantic Coast Line R. Co. v. BallardSupreme Court of Alabama · 1918
- Goldstein v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1932