Barney L. Cagle v. Norfolk Southern Railway Co.

SOBELOFF, Circuit Judge.

Without stopping, looking, or listening, the plaintiff drove his tractor over a railroad crossing in the path of an oncoming train and was seriously injured. His complaint charged the railroad company with negligence in failing to give him “notice or warning” of the train’s approach, and he sought to overcome the legal effect of his contributory negligence by invoking the last clear chance doctrine. In dismissing on the pleadings, upon defendant’s motion, the District Judge held this doctrine inapplicable to the present circumstances. This is an appeal from the…