LEGGETT v. SEABOARD AIR LINE RAILROAD COMPANY

No. 7110SC201.

179 S.E.2d 811 (1971)

10 N.C. App. 681

Georgie Johnson LEGGETT, Executrix and Roy G. Leggett, Executor of the Estate of Alline Johnson Wiggins, Deceased, v. SEABOARD AIR LINE RAILROAD COMPANY and L. E. Alexander.

Court of Appeals of North Carolina.

Certiorari Denied May 12, 1971.


Attorney(s) appearing for the Case

Bailey, Dixon, Wooten & McDonald, by Wright T. Dixon, Jr., and John N. Fountain, Raleigh, for plaintiff appellants.

Maupin, Taylor & Ellis, by Thomas F. Ellis, Raleigh, for defendant appellees.


Certiorari Denied by Supreme Court May 12, 1971.

HEDRICK, Judge.

The plaintiffs contend that the court committed prejudicial error in instructing the jury that it is contributory negligence barring recovery for one to attempt to cross a railroad track without looking and listening when within the danger limits, and when such looking and listening would be effective.

"It does not suffice to say that plaintiff stopped, looked, and listened. His looking...

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