{
  "id": 8625650,
  "name": "R. B. McROY & COMPANY, INC., v. ATLANTIC COAST LINE RAILROAD COMPANY, INC.",
  "name_abbreviation": "R. B. McRoy & Co. v. Atlantic Coast Line Railroad",
  "decision_date": "1951-12-12",
  "docket_number": "",
  "first_page": "672",
  "last_page": "672",
  "citations": [
    {
      "type": "official",
      "cite": "234 N.C. 672"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2434,
    "ocr_confidence": 0.492,
    "pagerank": {
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      "percentile": 0.3032622751365041
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    "sha256": "9430898d4fe360b5d7f8daf51844567fab63d223bd0900ce638255129ede1fee",
    "simhash": "1:980525cfa941dd87",
    "word_count": 408
  },
  "last_updated": "2023-07-14T19:34:56.500685+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "R. B. McROY & COMPANY, INC., v. ATLANTIC COAST LINE RAILROAD COMPANY, INC."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nTbis case involves no new question or feature requiring extended discussion. Tbe evidence offered by tbe plaintiff, when tested by settled principles of law, fails to make out a case for tbe jury. Tbe collision occurred in broad daylight at tbe grade crossing on Lee Street in tbe business district of tbe town of Whiteville. Tbe record discloses that tbe truck driver \u201cwas thoroughly familiar with tbe crossing.\u201d He said be bad \u201ccrossed it many times.\u201d Also, just prior to tbe collision tbe driver bad made a stop up tbe tracks about 100 yards from tbe crossing. Thereafter be drove westerly along a street parallel with and on tbe south side of tbe tracks intending to make a right turn at Lee Street and then cross tbe tracks. \"While so driving side of tbe tracks, be knew tbe train was in town just beyond tbe crossing. He said, \u201cI beard it. I knew it was stopped there just west of tbe . . . station ... I could have seen it if I bad looked for it. When I stopped ... I bad a view down tbe track of almost 120 feet,\u201d beyond tbe box car which plaintiff urges was an obstruction. Tbe train was traveling only about 6 miles per hour. Tbe only reasonable inference deducible from tbis evidence is that tbe plaintiff\u2019s driver was contributorily negligent.\nTbe plaintiff was not prejudiced by tbe exclusion of that part of tbe town ordinance making it unlawful \u201cfor any train to do any shifting across said streets (Lee Street included) without having first placed a watchman on crossings to direct traffic.\u201d Besides, tbe record discloses no-evidence that tbe train was engaged in a shifting operation.\nIt follows that tbe judgment of nonsuit was properly entered below.\nAffirmed.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Irvin B. Tuclcer, Jr., for plaintiff, appellant.",
      "Boisson, Campbell Marshall and E. K. Proctor for defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "R. B. McROY & COMPANY, INC., v. ATLANTIC COAST LINE RAILROAD COMPANY, INC.\n(Filed 12 December, 1951.)\nRailroads \u00a7 4\u2014\nPlaintiff's evidence held to show, as a matter of law, contributory negligence constituting a proximate cause of tbe crossing accident in suit.\nAppeal by plaintiff from Burney, J., February Term, 1951, of Columbus.\nCivil action to recover for property damage caused by a truck-train collision at a grade crossing.\nAt tbe close of tbe plaintiff\u2019s evidence, tbe defendant moved for judgment of nonsuit. Tbe motion was allowed, and from judgment based on sucb ruling tbe plaintiff appealed, assigning errors.\nIrvin B. Tuclcer, Jr., for plaintiff, appellant.\nBoisson, Campbell Marshall and E. K. Proctor for defendant, appellee."
  },
  "file_name": "0672-01",
  "first_page_order": 718,
  "last_page_order": 718
}