Glenn v. Norfolk & W. R. Co

• Decision Date: 30 April 1901
• Citation: Glenn v. Norfolk & W. R. Co, 38 S.E. 812, 128 N.C. 184 (N.C. 1901)
• Court: North Carolina Supreme Court
• Parties: GLENN . v. NORFOLK & W. R. CO.

38 S.E. 812

128 N.C. 184

GLENN .

v.NORFOLK & W. R. CO.

Supreme Court of North Carolina.

April 30, 1901.

RAILROADS—TRESPASSER ON TRACK.

Where a trespasser on a railroad track testified that he heard the train when it was 1% miles distant, and heard it coming all along, and that he looked back, and saw it when it was within 200 yards of him, an action for an injury, occasioned by plaintiff's failure to get off the track, cannot bo maintained on the ground that defendant failed to give any warning signals.

Appeal from superior court, Forsyth county; Tlmberlake, Judge.

Action by Samuel Glenn against the Norfolk & Western Railroad Company.From a judgment dismissing the complaint, plaintiff appeals.Affirmed.

J. S. Grogan, for appellant.

Watson, Buxton & Watson, for appellee.

COOK, J.The plaintiff in not entitled to recover upon his own testimony, which is the only evidence offered.It was Immaterial to him whether warning signals were given or not He heard the train when a mile and a half away, and heard it coming all along.The sounding of whistles and ringing of bells could not have Increased his knowledge of the approach of the train.When it was within 200 or 250 yards, he looked back, and saw it coming, and changed from one track to the other.He recognized the fact of danger.The railroad track itself was a warning of danger, made imminent by the approaching train.It was then his duty to keep his "wits" about him, and to use them for his own safety.He knew, or ought to have known, that he was a trespasser,...