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CAGLE v. NORFOLK SOUTHERN RAILWAY CO.

No. 7323.

242 F.2d 405 (1957)

Barney L. CAGLE, Appellant, v. NORFOLK SOUTHERN RAILWAY CO., Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 11, 1957.

Attorney(s) appearing for the Case

William D. Sabiston, Jr., Carthage, N. C. (John D. McConnell, Pinehurst, N. C., on brief), for appellant.

H. C. Hewson and John M. Robinson, Charlotte, N. C. (Hunter M. Jones, Charlotte, N. C., on brief), for appellee.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and WILLIAMS, District Judge.

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...

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