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MANSFIELD v. ANDERSON

No. 13.

264 S.E.2d 51 (1980)

299 N.C. 662

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 (two cases). WINSTON-SALEM SOUTHBOUND RAILWAY COMPANY, Plaintiff, v. Dale Ray ANDERSON, Defendant.

Supreme Court of North Carolina.

Rehearing Denied June 3, 1980.

Attorney(s) appearing for the Case

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

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

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

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

Jack E. Klass, Lexington, for third-party defendant-appellant Dimension Milling Company, Inc.

EXUM, Justice.

The several claims, cross-claims, and counterclaims asserted all arise out of a collision on 19 March 1976 between a train and a tractor-trailer at a grade crossing of the railroad and the roadway. The sole question presented is whether the Court of Appeals' majority erred in concluding that the operator of the tractor-trailer was contributorily negligent as a matter of law. We hold this conclusion to be error and reverse. We order that the judgment...

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