Cockrell v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Cockrell v. Atlantic Coast Line Railroad

69 S.E.2d 492, 235 N.C. 303, 1952 N.C. LEXIS 372

DecidedMarch 19, 1952

StatusPublished

This text of 69 S.E.2d 492 (Cockrell v. Atlantic Coast Line Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cockrell v. Atlantic Coast Line Railroad, 69 S.E.2d 492, 235 N.C. 303, 1952 N.C. LEXIS 372 (N.C. 1952).

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Opinion

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 [304]*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.

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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 [304]*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.

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Bluebook (online)

69 S.E.2d 492, 235 N.C. 303, 1952 N.C. LEXIS 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cockrell-v-atlantic-coast-line-railroad-nc-1952.

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