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BYRD v. ATLANTIC COAST LINE R. CO.

No. 2273.

2 F.2d 672 (1924)

BYRD v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fourth Circuit.

November 10, 1924.

Attorney(s) appearing for the Case

James R. Coggeshall, of Darlington, S. C., and Mendell L. Smith, of Camden, S. C., for plaintiff in error.

F. L. Willcox, of Florence, S. C., for defendant in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

WOODS, Circuit Judge.

Huger S. Byrd was killed by a freight train on the Atlantic Coast Line Railroad while driving his automobile across the railroad at Mars Bluff Station. In this action by his executor to recover damages for his death the district judge directed a verdict for the defendant on the ground that the evidence was conclusive of gross negligence by the deceased in attempting to cross the track. The applicable South Carolina statutes are as follows:

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