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BUMGARNER v. SOUTHERN RAILWAY COMPANY

No. 524.

100 S.E.2d 830 (1957)

247 N.C. 374

Jerry Lynn BUMGARNER, Minor, by his Next Friend, Mrs. Emma Bumgarner, v. SOUTHERN RAILWAY COMPANY and Mrs. J. W. Yates. C. M. BUMGARNER v. SOUTHERN RAILWAY COMPANY and Mrs. J. W. Yates.

Supreme Court of North Carolina.

December 11, 1957.

Attorney(s) appearing for the Case

Hartsell & Hartsell, L. T. Hartsell, Concord, W. T. Joyner, Raleigh, for defendant Southern Railway Co., appellant.

Carpenter & Webb, L. B. Carpenter, John G. Golding, Charlotte, for defendant Mrs. J. W. Yates, appellant.

HIGGINS, Justice.

In considering the appeal of the Southern Railway Company we may dismiss as without significance the allegation that neither warning signs nor signals were placed at the crossing where the accident occurred. The driver of the automobile knew the crossing and stopped for it. Therefore, he had all the notice warning devices could have given him. Evidence is lacking to support the plaintiff's allegation that the speed of the train was in violation of...

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