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SHAW v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 7226.

238 F.2d 525 (1956)

John Robert SHAW, as Executor of the Estate of Anthony Alma Rahner, deceased, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY and Southern Railway Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1956.

Attorney(s) appearing for the Case

Thomas E. McCutchen, Columbia, S. C. (Whaley & McCutchen, Columbia, S. C., on brief), for appellant.

Frank G. Tompkins, Jr., Columbia, S. C., for appellee Southern Ry. Co.

Julius W. McKay and Douglas McKay, Columbia, S. C., for appellee Atlantic Coast Line R. Co.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

SOPER, Circuit Judge.

This suit against the Atlantic Coast Line Railroad Company and the Southern Railway Company was brought by the Executor of the estate of a conductor employed by the Southern, who was killed by a train of the A.C.L. in attempting to cross its tracks at 4:30 A.M. on December 21, 1952, at Hardeeville, South Carolina. This suit against A.C.L. claimed damages for wrongful death and was brought under the Lord Campbell's

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