Caldwell v. . R. R.

STACY, C. J., and WINBORNE, J., concur in dissent. This was an action to recover damages for injury to person and property alleged to have been caused by the negligence of the defendants, growing out of a collision between plaintiff's automobile and one of defendant railway company's trains, then being operated by the individual defendants as engineer and fireman respectively. The injury occurred on the night of 7 December, 1937, at a grade crossing on North Lee Street, in the city of Salisbury, North Carolina.

Plaintiff alleged failure of the defendants to give timely warning of the approach…