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CARTER v. PEACE

17160

229 S.C. 346 (1956)

90 S.E.2d 113

JAMES H. CARTER, Administrator of the Estate of Herbert John DeRyder, Deceased, Respondent, v. W.F. PEACE and SEABOARD AIR LINE RAILWAY, a Corporation, of whom the latter is, Appellant.

Supreme Court of South Carolina.

May 15, 1956.

Attorney(s) appearing for the Case

Messrs. Smith & Moore, and C.C. Grimes, Jr., of Georgetown, and Paulling & James, of Darlington, for Appellant.

Messrs. Thompson & Poteat, Rosen & Rosen and James B. Morrison, all of Georgetown, for Respondent.

Messrs. Smith & Moore, and C.C. Grimes, Jr., of Georgetown, and Paulling & James, of Darlington, for Appellant, in Reply.

May 15, 1956.

STUKES, Chief Justice.

Plaintiff's intestate, who was a seventeen-year-old New Jersey boy en route to Florida, suffered injuries from which he died in a few hours, when his 1950 Ford automobile in which he was traveling collided with a train of appellant at a highway grade crossing of the railroad in a rural section of Georgetown County. The automobile struck the side of the diesel locomotive about twenty-five feet from the front of the locomotive...

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