Weston v. Southern Railway Co.

What duty does the law impose upon a motorist driving at night with reference to railroad grade crossings when the vision of the driver is obscured by rain, fog or mist, and the pavement is wet and slippery?

In Coleman v. R. R., 153 N. C., p. 322, Brown, J., writes: “A railroad crossing is itself a notice of danger, and all persons approaching it are bound to exercise care and prudence, and when the conditions are such that a diligent use of the senses would have avoided the injury, a failure to use them constitutes contributory negligence and will be so declared by the Court.”

Again in Holton…