Edith Portis Baughn, Administratrix of the Estate of William Edwin Baughn, Deceased v. Seaboard Air Line Railroad Company

408 F.2d 684, 1969 U.S. App. LEXIS 12739

Opinion

PER CURIAM:

To recover damages for the death of William Edwin Baughn when struck by a train of the Seaboard Air Line Railroad Company on June 1, 1966, while driving a truck over a highway crossing of the tracks a few miles east of Liles-ville, North Carolina, his administratrix sued the railroad. The District Court directed a verdict for the defendant and dismissed the action, for the decedent’s contributory negligence.

In his opinion, Baughn. v. Seaboard Air Line Railroad Company, 291 F.Supp. 425 (M.D.N.C.1968), the District Judge recounts closely and with clarity the proofs upon the tragic event. The issue of contributory negligence is decided in this context and in the frame of the law of North Carolina. Since our review discloses no substantial error in the premises or the final determination, we cannot overrule the dismissal.

Affirmed.