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SOUTHERN RAILWAY COMPANY v. AKERS MOTOR LINES

No. 173.

89 S.E.2d 392 (1955)

242 N.C. 676

SOUTHERN RAILWAY COMPANY v. AKERS MOTOR LINES, Inc., and W. P. Ellis.

Supreme Court of North Carolina.

October 12, 1955.

Attorney(s) appearing for the Case

W. T. Joyner, Raleigh, James Mullen, Mason & Mason, Gastonia, for plaintiff appellant.

Jones & Small, Charlotte, L. B. Hollowell, and Basil Whitener, Gastonia, for defendant appellees.

BARNHILL, Chief Justice.

The history of the occurrence which is the subject matter of this action is graphically stated by Ellis himself as follows:

"I was doing 35 to 40 miles per hour as I approached the bottom of the incline leading to the crossing, but I started slowing down as I approached the crossing. * * * As I completed the rise and approached closer to the crossing, I started to slow up. I looked to the left toward Henderson and did not see any...

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