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ATLANTIC COAST LINE RAILROAD COMPANY v. BENNETT

Nos. 7506, 7507.

251 F.2d 934 (1958)

ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. John N. BENNETT, Appellee. ATLANTIC COAST LINE RAILROAD COMPANY, Appellant, v. Wofford M. SHEALY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 8, 1958.

Attorney(s) appearing for the Case

Julius W. McKay and Douglas McKay, Columbia, S. C. (McKay, McKay, Black & Walker, Columbia, S. C., on brief), for appellant.

Benny R. Greer and James P. Mozingo, III, Darlington, S. C. (Archie L. Chandler, Darlington, S. C., on brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.

SOPER, Circuit Judge.

John N. Bennett and Wofford M. Shealy were seriously injured on November 15, 1951, when a southbound Atlantic Coast Line train, on which they were traveling as railway mail clerks, ran into a northbound freight train which was pulling into a siding at Hortense, Georgia, and had not cleared the main line. The accident was caused by the inexplicable conduct of the engineer in driving the passenger train at the rate of 82 miles per hour past three...

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