Earwood v. Southern Railway Co.

The crossing in controversy was a grade crossing, and, according to the evidence, one that was much used by the public. It was therefore the duty of the defendant to use due care in giving a timely warning of the approach of its train either by sounding the whistle or ringing the bell at the usual and proper place in order that those approaching or using the crossing could be apprised that the train was at hand. It is established law that failure to perform this duty constitutes negligence. Edwards v. R. R., 132 N. C., 100; Bagwell v. R. R., 167 N. C., 611; Goff v. R. R., 179 N. C., 216;…