Carruthers v. Atlantic & Yadkin Railway Co.

This case was argued and decided at the Spring Term of this Court and is reported ante, 49. A petition to rehear was filed on 1 July, 1940, and briefs both for plaintiff and defendant were subsequently submitted. It stands now for determination upon the rehearing.

The decision of the case upon the former hearing rested principally upon the ground that erroneous instructions were given to the jury respecting plaintiff’s evidence that no signals were given by defendant’s locomotive approaching the crossing where plaintiffs intestate received the injury resulting in his death. This was one of the…