HEATON v. SOUTHERN RY. CO.

No. 1459.

119 F.Supp. 658 (1954)

HEATON v. SOUTHERN RY. CO.

United States District Court, W. D. South Carolina, Greenville Division.

March 19, 1954.


Attorney(s) appearing for the Case

Williams & Henry, Greenville, for plaintiff.

Rainey, Fant & Brawley, Greenville, for defendant.


WYCHE, Chief Judge.

On August 15, 1952, a tractor-trailer operated for Malone Freight Lines of Birmingham, Alabama, driven by its agent and servant John H. Heaton, collided with a train of the Southern Railway Company at a grade crossing at Gantt, South Carolina. The trailer was demolished in the collision; the locomotive was badly damaged.

On September 30, 1952, an action was commenced in the Alabama State Court by John H. Heaton, a resident of Alabama, against...

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