GRAY v. CAROLINA AND NORTHWESTERN RAILWAY CO.

No. 455.

89 S.E.2d 807 (1955)

243 N.C. 107

Delma C. GRAY, Administrator of the Estate of Evelyn Gray Snuggs, deceased, v. The CAROLINA AND NORTHWESTERN RAILWAY COMPANY.

Supreme Court of North Carolina.

November 9, 1955.


Attorney(s) appearing for the Case

Henry C. Doby, Jr., Albemarle, Edward Jerome, Raleigh, for plaintiff-appellant.

W. T. Joyner, Wiley F. Mitchell, Jr., Raleigh, R. L. Smith & Sons, Albemarle, for defendant-appellee.


PER CURIAM.

First: The gravamen of certain of the allegations ordered stricken is that before entering the crossing defendant was under duty to stop its train to ascertain whether running the train across the highway "then and there, would endanger the life of any person thereon," and that failure of defendant to do so was negligence. In the light of the settled principle of law long prevailing in this State that where a railroad track crosses a public highway, though...

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