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SOUTHERN RY. CO. v. BISCOE SUPPLY CO.

No. 9326SC376.

442 S.E.2d 127 (1994)

114 N.C. App. 474

SOUTHERN RAILWAY COMPANY, Plaintiff, v. BISCOE SUPPLY COMPANY, INC., Defendant, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Third-Party Defendant.

Court of Appeals of North Carolina.

April 19, 1994.

Attorney(s) appearing for the Case

Jones, Hewson & Woolard by Harry C. Hewson and Kenneth H. Boyer, Charlotte, for plaintiff-appellee.

Glover & Petersen, P.A. by James R. Glover, Chapel Hill, for defendant-appellant.

LEWIS, Judge.

Plaintiff commenced this action to recover damages arising out of a railroad crossing accident between its train and defendant Biscoe Supply Company, Inc.'s (hereinafter "defendant") cement truck. The trial court directed a verdict for plaintiff on the issues of whether defendant was negligent and whether that negligence proximately caused the accident. The jury found that plaintiff was not contributorily negligent and awarded damages of $260,819.26...

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