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BROWN v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 6911SC98.

166 S.E.2d 535 (1969)

4 N.C. App. 169

Roland J. BROWN, Administrator of the Estate of Ossie D. Brown, Deceased, v. ATLANTIC COAST LINE RAILROAD COMPANY. William E. PHILLIPS, Sr., Administrator of the Estate of William E. Phillips, Jr., Deceased, v. ATLANTIC COAST LINE RAILROAD COMPANY.

Court of Appeals of North Carolina.

April 2, 1969.

Attorney(s) appearing for the Case

Pittman, Staton & Betts, by William W. Staton and Ronald T. Penny, Sanford, for plaintiff appellants.

Cameron, Harrington & Love, Sanford, Henry & Henry, by Ozmer L. Henry, Lumberton, for defendant appellee.

CAMPBELL, Judge.

As Higgins, J., so appropriately stated in Faircloth v. Atlantic Coast Line R. R., 247 N.C. 190, 100 S.E.2d 328, "[f]or reasons readily apparent, the Court has encountered difficulty in laying down hard and fast rules governing liability in trainautomobile grade crossing accidents. `* * [E]ach case must stand upon its own bottom, and be governed by the controlling facts there appearing...

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