CECIL v. HIGH POINT, THOMASVILLE AND DENTON R.

No. 687.

153 S.E.2d 102 (1967)

269 N.C. 541

Raymond CECIL, Administrator of the Estate of Larry Stephen Cecil, v. HIGH POINT, THOMASVILLE AND DENTON RAILROAD.

Supreme Court of North Carolina.

March 1, 1967.


Attorney(s) appearing for the Case

Schoch, Schoch & Schoch, High Point, for plaintiff appellant.

Lovelace, Hardin & Bain, High Point, for defendant appellee.

Craige, Brawley, Lucas & Horton (Norfolk & Western Ry. Co.), Winston-Salem, Maupin, Taylor & Ellis (Seaboard Airline R. Co., Simms & Simms (Norfolk Southern Ry. Co.), Raleigh, Poisson & Barnhill (Atlantic Coast Line R. Co.), Wilmington, Joyner & Howison (Southern Ry. Co.), Raleigh, amici curiae.


PLESS, Justice.

In the previous decision in this case, 266 N.C. 728, 147 S.E.2d 223, we dismissed the appeal of the plaintiff. In that action the lower court struck out a portion of the complaint in which it was alleged that the Railroad had been notified and warned that there were insufficient warning devices for said crossing and that it had negligently failed to erect any warning devices commensurate...

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