Allen v. Atlanta & C. Air Line Ry. Co
| Decision Date | 16 May 1906 |
| Citation | Allen v. Atlanta & C. Air Line Ry. Co, 53 S.E. 866, 141 n. c. 340 (N.C. 1906) |
| Court | North Carolina Supreme Court |
| Parties | ALLEN. v. ATLANTA & C. AIR LINE RY. CO. |
Railroads—Crossing Accident— Contributory Negligence.
Plaintiff's intestate walked on the crossing of defendant railroad, and was struck and killed by defendant's train.If intestate had looked at a point 20 yards from the crossing she could have seen down the railroad in the direction from which the train approached for a distance of 200 yards, but she went on the crossing without looking, listening, turning her head, or paying any attention to the train.Held, that she was guilty of contributory negligence as a matter of law.
[Ed. Note.—For cases in point, see vol. 41, Cent. Dig. Rairoads, §§ 1043-1048.]
Appeal from Superior Court, Cleveland County; Justice, Judge.
Action by J. B. Allen as administrator of N. A. Allen, deceased, against Atlanta & Charlotte Air Line Railway Company.From a judgment for defendant, plaintiff appeals.Affirmed.
Quinn & Hamrick, for appellant.
Geo. F. Bason and W. B. Rodman, for appellee.
The plaintiff's evidence was to the effect that the intestate walked on the railroad crossing, and was killed by the defendant's train, and that the intestate at a point 20 yards...
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