Williams v. . R. R.

ADAMS, J., concurring in result; STACY and CLARKSON, JJ., concurring in the concurring opinion. The plaintiff was traveling north as a guest of W. A. Brundige in his automobile, over the public highway between Franklinton and Henderson. They were both strangers and had never been over this road before. For several hundred yards south of the railroad crossing at which the injury occurred the public road runs parallel to the railroad and about 40 feet from it.

The track of the defendant approaches the crossing from the south through a cut, which was some 12 to 15 feet deep, about 400 yards from…