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JERNIGAN v. ATLANTIC COASTLINE RAILROAD COMPANY

No. 24.

167 S.E.2d 269 (1969)

275 N.C. 277

Cecil D. JERNIGAN, Jr., Petitioner, v. ATLANTIC COASTLINE RAILROAD COMPANY, Respondent.

Supreme Court of North Carolina.

May 14, 1969.

Attorney(s) appearing for the Case

Allsbrook, Benton, Knott, Allsbrook & Cranford, by Richard B. Allsbrook, Roanoke Rapids, for plaintiff.

Spruill, Trotter & Lane, by Charles T. Lane, Rocky Mount, for defendant.

HIGGINS, Justice.

The plaintiff instituted this civil action to recover for personal injuries and property damage he sustained in a grade crossing collision between his automobile and the defendant's switch engine. The accident occurred about 1:20 on the morning of October 7, 1961 as the plaintiff was driving eastward on Third Street in the outskirts of Weldon.

Third Street, a link in U.S. Highway 158, is 36 feet wide. The surface is black asphalt divided...

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