Bailey v. North Carolina Railroad

Having reached tbe conclusion we bave in tbis case it may be conceded, though it is not decided, that tbe defendant was negligent in not giving warning of tbe approach of its train by bell or whistle, in exceeding tbe speed limit fixed by municipal ordinance and in allowing tbe railroad bed at tbe crossing to become rough by reason of tbe rails being exposed from two and half to three inches in height and of holes therein.

Tbe evidence shows that Mulberry Street runs east and west parallel to and immediately north of the railroad track, on the railroad right-of-way, and that a person traveling…