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ATLANTIC COAST LINE RAILROAD COMPANY v. TRUETT

No. 7495.

249 F.2d 215 (1957)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. E. T. TRUETT, as Administrator of the Estate of Donald Truett, deceased, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1957.

Attorney(s) appearing for the Case

Hugh L. Willcox, Florence, S. C. (Willcox, Hardee, Houck & Palmer, Florence, S. C., on the brief), for appellant.

George W. Keels, Florence, S. C., for appellee.

Before SOPER, SOBELOFF and HAYNSWORTH, Circuit Judges.

SOBELOFF, Circuit Judge.

An eighteen-month-old child, Donald Truett, was struck and killed by a train of the Atlantic Coast Line Railroad at a point where its tracks cross a public highway in Cartersville, South Carolina, and from a judgment for $6,250, recovered by the father as administrator in an action under Lord Campbell's Act, Code 1952, §§ 10-1951, 10-1952, 10-1954, this appeal was taken. The sole contention raised is that the case should not have...

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