Gilmore v. . R. R.

SHEPHERD, C. J., and BURWELL, J., dissent. There can be no question, upon the uncontradicted testimony, that the failure to blow for the crossing was negligence on the part of the defendant. Randall v. R. R., 104 N.C. 410; Hinkle v. R. R., 109 N.C. 472. The defendant, however, contends that plaintiff failed to "stop, look and listen," when he reached the point from which to the crossing it would be dangerous for the plaintiff to drive when a train was approaching. The principles here involved have been so clearly discussed and settled in recent cases in this Court, in those named above, and…