Builders' Supply Co. v. Seaboard Air Line Railway Co., 180 N.C. 318 (1920)

Nov. 10, 1920 · Supreme Court of North Carolina
180 N.C. 318

BUILDERS’ SUPPLY COMPANY v. SEABOARD AIR LINE RAILWAY COMPANY.

(Filed 10 November, 1920.)

(Por digest, see Perry v. R. R., <mte, 290.)

Appeal by defendant from Devin, J., at Halifax.

This is an action to recover damages to an automobile truck caused by collision with a train at a public crossing.

*319There was a verdict and judgment for the plaintiff, and the defendant appealed.

George G. Green for plaintiff.

R. 0. Dunn and Murray Allen for defendant.

Allen, J.

The questions raised by this appeal are substantially those decided in Perry v. R. R., at this term, and upon that authority the judgment is affirmed.

No error.

Valuer and ErowN, JJ., dissent for reasons stated in dissenting opinion in Perry v. R. R., at this term.