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MANSFIELD v. ANDERSON

No. 7822SC972.

258 S.E.2d 366 (1979)

43 N.C. App. 77

Ray M. MANSFIELD, Plaintiff, v. Dale Ray ANDERSON, Defendant. Reuben Anderson GALYEANS, Defendant and Third-Party Plaintiff, v. DIMENSION MILLING COMPANY, INC., Third-Party Defendant. WINSTON-SALEM SOUTHBOUND RAILWAY COMPANY, Plaintiff, v. Dale Ray ANDERSON, Defendant. Reuben Anderson GALYEANS, Defendant & Third-Party Plaintiff, v. DIMENSION MILLING COMPANY, INC., Third-Party Defendant.

Court of Appeals of North Carolina.

October 2, 1979.

Attorney(s) appearing for the Case

Brinkley, Walser, McGirt & Miller by Charles H. McGirt, Lexington, for plaintiff-appellant Ray M. Mansfield.

Craige, Brawley, Liipfert & Ross by C. Thomas Ross and F. Kevin Mauney, Winston-Salem, for plaintiff-appellant Winston-Salem Southbound Railway Co.

Stoner, Bowers & Gray by Bob W. Bowers, Lexington, for defendant-appellee Dale Ray Anderson.

Womble, Carlyle, Sandridge & Rice by Daniel W. Donahue, Winston-Salem, for defendant and third-party plaintiff Reuben Anderson Galyeans.

Jack E. Klass, Lexington, for third-party defendant-appellee Dimension Milling Co., Inc.

PARKER, Judge.

PLAINTIFFS' APPEAL

Evidence presented by the parties concerning the speed of the train and whether the whistle was timely blown was sharply conflicting. Plaintiffs' evidence tended to show that the train approached the crossing at a speed of 25 to 30 miles per hour and that the whistle blew when the train was a quarter mile from the crossing and kept blowing with only short pauses until the train...

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