ATLANTIC COAST LINE R. CO. v. McLEAN TRUCKING CO.

No. 247.

78 S.E.2d 159 (1953)

238 N.C. 422

ATLANTIC COAST LINE R. CO. v. McLEAN TRUCKING CO.

Supreme Court of North Carolina.

October 21, 1953.


Attorney(s) appearing for the Case

W. Dennie Spry, Spry & White, and Ingle, Rucker & Ingle, Winston-Salem, for defendant-appellant.

Shepard & Wood, Smithfield, Salmon & Hooper, Lillington, I. R. Williams, Dunn, for plaintiff-appellee.


DEVIN, Chief Justice.

This action grew out of the collision between plaintiff's northbound passenger train and the defendant's truck at a street crossing in the town of Dunn. The collision occurred about midnight September 15, 1952. The defendant's truck was being driven by its employee, John W. Kent, eastward along Cumberland Street and across plaintiff's tracks, and when the truck was on the easternmost or northbound track it was struck by plaintiff's train. Damage...

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