Brown v. Atlantic Coast Line Railroad Company

Defendant Railroad was under a duty to give timely warning when its train approached the visually obstructed and much traveled Rose Street crossing. Cox v. Gallamore, 267 N.C. 537, 148 S.E. 2d 616; Jarrett v. R. R., 254 N.C. 493, 119 S.E. 2d 383; High v. R. R., 248 N.C. 414; 103 S.E. 2d 498; Summerlin v. R. R., 238 N.C. 438, 78 S.E. 2d 162; 6 Strong, N. C. Index Railroads § 6 (2d ed. 1968). Assuming the truth of plaintiffs’ evidence, as we must in passing upon a motion for nonsuit, it would justify a finding by the jury that defendant failed to give any warning as its locomotive approached…