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FAIRCLOTH v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 174.

100 S.E.2d 328 (1957)

247 N.C. 190

Amelia FAIRCLOTH, by her Next Friend, Mrs. Chellie Faircloth, v. ATLANTIC COAST LINE RAILROAD COMPANY. Martha Jo Anne FAIRCLOTH, by her Next Friend, Mrs. Chellie Faircloth, v. ATLANTIC COAST LINE RAILROAD COMPANY.

Supreme Court of North Carolina.

November 20, 1957.

Attorney(s) appearing for the Case

Roscoe Maurice Holland, Roseboro, Hubbard & Jones, by Howard H. Hubbard, Clinton, for plaintiffs, appellants.

Poisson, Campbell & Marshall, Wilmington, for defendant, appellee.

HIGGINS, Justice.

For reasons readily apparent, the Court has encountered difficulty in laying down hard and fast rules governing liability in train-automobile grade crossing accidents. "Many cases involving injuries due to collision between motor vehicles and trains at grade crossings have found their way to this court. No good can be obtained from attempting to analyze the close distinctions drawn in the decisions of these cases, for, as was said in Cole v. Koonce...

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