George v. Atlanta & C. A. L. Ry. Co
| Citation | 207 N.C. 487,177 S.E. 324 |
| Decision Date | 12 December 1934 |
| Docket Number | No. 543.,543. |
| Court | United States State Supreme Court of North Carolina |
| Parties | GEORGE. v. ATLANTA & C. A. L. RY. CO. et al. |
Appeal from Superior Court, Gaston County; Sink, Judge.
This was a civil action for wrongful death, heard upon complaint and demurrer. The complaint alleged that plaintiff's intestate, John J. George, died on September 16, 1932, as a result of collision between the automobile in which the plaintiff's intestate was riding and a passenger train owned and operated by the defendants. The scene of the collision was approximately one mile south of the town of Kings Mountain. At this point the railroad of the defendants is double-tracked, so that all south-bound traffic moves on the westerly track and all north-bound traffic on the easterly track. At the point of collision these tracks are intersected by a public road which turns off from highway No. 29 and intersects the railroad at grade. The railroad tracks run approximately east and west. It was alleged that there are certain obstructions south of the crossing "rendering it difficult to see from said highway the approach of the train from the south until it gets within about 500 feet of said crossing." It was also alleged that there were certain freight cars standing on a spur track near a cotton mill situated on the south side of the crossing, and that all of these obstructions interfered with the vision of a traveler, so that, as alleged, "it was impossible to see the approach of a train from the south by any one crossing said railroad tracks from west to east until such person was practically upon said railway tracks, and difficult to see such train in its approach from the south until said train was within 500 feet of said crossing."
At the time of the accident plaintiffs intestate was riding as a guest in an automobile owned by the defendant George B. Sorrells, and the same was under the exclusive control of said defendant. The automobile approached the crossing, headed east. It was alleged: ...
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George v. Atlanta & C. A. L. Ry. Co
...Justice. The facts alleged in the complaint sufficiently appear in the report of this case on a former appeal (George v. Atlanta & C. A. L. Ry. Co., 207 N.C. 457, 177 S.E. 324) and need not be restated. The chronology of the case as shown by the record before us seems to be as follows: The ......