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MORRIS v. WINSTON-SALEM SOUTHBOUND RAILWAY COMPANY

No. 441.

144 S.E.2d 598 (1965)

265 N.C. 537

Nettie Lou MORRIS, Administratrix of Foy L. Morris, Deceased, v. WINSTON-SALEM SOUTHBOUND RAILWAY COMPANY.

Supreme Court of North Carolina.

November 3, 1965.

Attorney(s) appearing for the Case

Walser, Brinkley, Walser & McGirt and DeLapp & Ward, Lexington, for plaintiff appellant.

Craige, Brawley, Lucas & Horton and Thomas O. Moore, Winston-Salem, for defendant appellee.

PER CURIAM.

The crossing was well marked and the weather was clear. The train had been stopped upon the crossing only 30 seconds prior to the accident. It had stopped there for the necessary purpose of backing up to set off cars for interchange with another carrier. The engine, with which the truck of the deceased collided, had a white stripe painted along its sides from front to rear. It had lights in its cab and near the ground

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