Holton v. Kinston-Carolina Railroad

On careful consideration of tbe record and evidence contained therein, tbe Court is of opinion that defendant’s motion for nonsuit should have been allowed. It is tbe recognized duty of a person on or approaching a railroad crossing to “look and listen in both directions for approaching trains if not prevented from doing so by tbe fault of tbe railroad company or other circumstances clearing him from blame,” and where, as to persons other than employees of tbe company, there has been a breach of this duty clearly concurring as a proximate cause of the injury, recovery therefor is barred.…