Supreme Court of North Carolina, 1952

Cockrell v. Atlantic Coast Line Railroad

Cockrell v. Atlantic Coast Line Railroad
Supreme Court of North Carolina · Decided March 19, 1952
235 N.C. 303; 69 S.E.2d 492; 1952 N.C. LEXIS 372

Cockrell v. Atlantic Coast Line Railroad

Opinion of the Court

PeR CuriaM.

While the details, as always, are somewhat different, there is nothing in tbe testimony in this case which serves to distinguish it from the long line of railroad crossing cases appearing in our reports in which judgments of nonsuit were either affirmed or directed. Plaintiff’s intestate could see clearly for at least one-fourth mile down the track in the direction from which the train approached. Unfortunately he failed to look, or, looking, failed to heed the presence of the oncoming train. It does not appear that the condition of the crossing caused his vehicle to stall or prevented him from looking before entering the zone of danger. Therefore, the judgment of nonsuit must be affirmed on authority of the line of decisions represented by Parker v. R. R., 232 N.C. 472, 61 S.E. 2d *304370; Herndon v. R. R., 234 N.C. 9; Godwin v. R. R., 220 N.C. 281, 17 S.E. 2d 137; Miller v. R. R., 220 N.C. 562, 18 S.E. 2d 232.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.