OPINION
DALTON, Chief Judge.
On August 24, 1965, plaintiff's intestate, a railroad employee, was killed when the diesel locomotive on which he was riding collided with a tanker truck and tractor trailer belonging to S. H. Knight Oil Company, Incorporated (hereinafter referred to as "Knight"). The collision occurred in the City of Leaksville, North Carolina at the railroad crossing known as East Church Street Crossing. Plaintiff has instituted this action...
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