Smith v. Atlantic & Yadkin Railway Co.

It may be conceded, as contended by defendant, that there was evidence at the trial of this action tending to show that the driver of the automobile in which plaintiff’s intestate was riding as a passenger when he was injured and killed as the result of its collision with defendant’s engine and tender, at a grade crossing in the city of Greensboro, was negligent and that his negligence was a proximate cause of the death of plaintiff’s intestate. There was evidence to the contrary. There was evidence, also, tending to show that defendant was negligent, as contended by plaintiff, and that its…