Bullock v. Norfolk & Western Railway Co.

It is conceded that there was evidence at the trial of this action which was sufficient to show that the plaintiff was injured by the negligence of the defendant as alleged in the complaint. Johnson v. R. R., 205 N. C., 127, 170 S. E., 120.

At the time the plaintiff entered upon the crossing the gates which the defendant maintained at the crossing as required by an ordinance of the city of Durham were raised. For this reason the plaintiff was justified in assuming that he could cross defendant’s tracks in safety. Oldham v. R. R., 210 N. C., 642, 188 S. E., 106. The evidence for the plaintiff…