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CLARK v. SHERRILL

No. 400.

130 S.E.2d 290 (1963)

259 N.C. 254

Monroe C. CLARK v. Otis SHERRILL and Southern Railway Company.

Supreme Court of North Carolina.

April 10, 1963.

Attorney(s) appearing for the Case

White & Crumpler, by James G. White, Leslie G. Frye, Harrell Powell, Jr., Winston-Salem, for plaintiff-appellant.

W. T. Joyner, Raleigh and Womble, Carlyle, Sandridge & Rice, by W. P. Sandridge, C. F. Vance, Jr., Winston-Salem, for defendants-appellees.

PER CURIAM.

The evidence disclosed the track in the direction from which the train approached was straight for a distance of 700 feet to 1,500 feet, according to which of the plaintiff's witnesses made the estimate. The plaintiff testified the track was concealed by a bank and weeds to within 75 feet of the crossing. However, the evidence disclosed the obstruction above the road and above the rails varied from about two feet near the crossing to four feet near the...

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