Butts v. Atlantic & North Carolina Railroad

This is an action to recover damages for personal injuries received by the plaintiff, who was struck by a train operated by the defendant and thrown, from his wagon. There was testimony tending to prove that the plaintiff was traveling along a public highway within the corporate limits of the city of New Bern, where the highway crossed the track at an acute angle, both the plaintiff and the train going in the same relative direction; that no signal for the crossing was given, either by bell or whistle; that the plaintiff stopped, looked and listened and heard nothing. In view of this…