Williams v. Randolph & Cumberland Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff and by each of tbe defendants from Horton, J., at tbe May Term, 1921, of OeaNge. Tbis was an action for tbe death of tbe defendant at a railroad crossing at Cameron, N. 0., caused by a train wbicb was being operated at tbat time by tbe defendant Eandolpb & Cumberland Eailway Company, lessee of tbe defendant.
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Appeal by plaintiff and by each of tbe defendants from Horton, J., at tbe May Term, 1921, of OeaNge. Tbis was an action for tbe death of tbe defendant at a railroad crossing at Cameron, N. 0., caused by a train wbicb was being operated at tbat time by tbe defendant Eandolpb & Cumberland Eailway Company, lessee of tbe defendant. Botb defendants answered denying negligence and pleading contributory negligence, and tbe defendant Seaboard Air Line Eailway Company denying tbat it was liable as lessor. Tbe jury found upon tbe issues submitted tbat tbe plaintiff’s intestate was killed by tbe…
1Opinion of the CourtClaeK, C. J.
In August, 1917, tbe Eandolpb & Cumberland Eailway Company were operating a railroad between Cameron and Carthage in Moore County, wbicb crosses tbe National Highway at right angles just inside tbe corporate limits of tbe town of Cameron at a point where tbe railroad track crosses tbis highway from a deep cut, wbicb was 8 to 10 feet high on tbe north side and 12 to 15 feet high on tbe other. On tbe banks of tbis cut for some distance on each side of tbe railroad bushes, trees and thick growth bad been permitted to grow, obstructing tbe view of tbe approaching train.
Tbe plaintiff’s intestate,…
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