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JACOBS v. A.C.L.R. R. CO.

16957

226 S.C. 475 (1955)

85 S.E.2d 749

MONTAGUE H. JACOBS, as Administrator of the Estate of Martin L. Williams, Deceased, Respondent, v. ATLANTIC COAST LINE RAILROAD COMPANY et al., Appellants.

Supreme Court of South Carolina.

February 3, 1955.

Attorney(s) appearing for the Case

Messrs. J.D. O'Bryan, of Kingstree, and Willcox, Hardee, Houck & Palmer, of Florence, for Appellants.

William E. Jenkinson, Esq., of Kingstree, for Respondent.

February 3, 1955.

STUKES, Justice.

Respondent's intestate was instantly killed at about four o'clock A.M. on November 12, 1950, when he slowly drove his heavily loaded truck-tractor in front of an approaching passenger train of appellant railroad on the southbound track of the grade crossing over Main Street in Kingstree. The street was undergoing repairs and the pavement was out on both sides of a canal bridge which...

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