Brown v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at November Term, 1915, of Columbus. Tbe defendant, in its brief, states witb sufficient accuracy tbe respective contentions of tbe parties, and we adopt its statement as containing tbe material facts.
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Appeal by defendant from Daniels, J., at November Term, 1915, of Columbus. Tbe defendant, in its brief, states witb sufficient accuracy tbe respective contentions of tbe parties, and we adopt its statement as containing tbe material facts. Tbis was an action brought by tbe plaintiff against tbe defendant to recover damages for personal injuries received by bim and damage to bis automobile claimed to bave been caused by tbe negligence of tbe defendant while plaintiff in bis automobile was attempting to cross tbe tracks of tbe defendant in tbe town of Cerro Gordo. Plaintiff alleged that on 18…
1Opinion of the Court
Walker, J.,
after stating the case: A careful analysis of the record convinces us that there has been no error committed in this case. On 18 December, 1914, plaintiff attempted to cross defendant’s track, on a public highway intersected by it, in his automobile. He testified that he both looked and listened for approaching trains, but that his view was obstructed by cars of the defendant negligently left on a parallel track and by other hindrances, and that he looked as best he could, and also listened for the noise of the train and signals for the crossing, but heard none. That he went upon…
2Cases cited8 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Shepard v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1914
- Alexander v. Richmond & Danville RailroadSupreme Court of North Carolina · 1893
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3Cited by9 opinions
- Perry v. . R. R.Supreme Court of North Carolina · 1920
- Finch v. North Carolina RailroadSupreme Court of North Carolina · 1928
- Mizell v. Dennis Simmons Lumber Co.Supreme Court of North Carolina · 1917
- Perry v. Norfolk Southern RailroadSupreme Court of North Carolina · 1920
- Alexander v. . R. R.Supreme Court of North Carolina · 1893
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