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JOHNSON v. SOUTHERN RAILWAY COMPANY

No. 20.

121 S.E.2d 580 (1961)

255 N.C. 386

William V. JOHNSON v. SOUTHERN RAILWAY COMPANY and Atlantic Coast Line Railroad Company.

Supreme Court of North Carolina.

September 27, 1961.

Attorney(s) appearing for the Case

Phil P. Godwin, Gatesville, Thos. L. Woodward, Suffolk, Va., and John H. Hall, Elizabeth City, for plaintiff, appellant.

Joyner, Howison & Mitchell, Raleigh, for defendant Southern Ry. Co., appellee.

Godwin & Godwin, Gatesville, and Rodman & Rodman, Washington, for defendant Atlantic Coast Line R. Co., appellee.

MOORE, Justice.

It is admitted in the pleadings that the railroad is owned by the Atlantic Coast Line Railroad Company (hereinafter referred to as A. C. L.), that the Southern Railway Company (hereinafter called "Southern") by agreement with A. C. L. operates freight trains on and over this railroad, and that the freight train involved in the alleged collision was owned and operated by Southern.

"It is a well-established principle of law that a railroad company...

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