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JOHNSON v. CHARLESTON & W.C. RY. CO.

17537

234 S.C. 448 (1959)

108 S.E.2d 777

C. Birnie JOHNSON, as Administrator of the Estate of W.S. HERRINGTON, Respondent, v. CHARLESTON AND WESTERN CAROLINA RAILWAY COMPANY, Appellant.

Supreme Court of South Carolina.

May 19, 1959.

Attorney(s) appearing for the Case

Messrs. A.C. Todd, of Greenwood, and Brown, Jefferies & Mazursky, of Barnwell, for Appellant.

Messrs. McNair & Lawton, of Allendale, and Randolph Murdaugh, of Hampton, for Respondent.

May 19, 1959.

LEGGE, Justice.

Appellant's main line track and U.S. Highway 321 intersect in the town of Fairfax, S.C. About 1:00 o'clock a. m. on September 27, 1952, an automobile traveling north on said highway collided with appellant's freight train that was slowly moving across the intersection. W.S. Herrington, one of the occupants of the automobile, was killed; and this action was brought seeking damages for...

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