SWIFT v. SOUTHERN RAILWAY COMPANY

No. 8516.

307 F.2d 315 (1962)

C. David SWIFT, Administrator of the Estate of Berl B. Cantrell, Deceased, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 1, 1962.


Attorney(s) appearing for the Case

John M. Schofield, Rock Hill, S. C. (Arch Schoch, High Point, N. C., on brief), for appellant.

Robert A. Collier, Jr., and R. A. Collier, Statesville, N. C. (William T. Joyner, Joyner & Howison, Raleigh, N. C., and Collier, Harris & Collier, Statesville, N. C., on brief), for appellee.

Before HAYNSWORTH, BOREMAN and J. SPENCER BELL, Circuit Judges.


HAYNSWORTH, Circuit Judge.

The principal question is whether the doctrine of last clear chance furnishes a permissive basis of recovery in this action for wrongful death of a decedent killed by one of the defendant's trains. We agree with the District Court that it does not.

As the train approached, Berl Cantrell was prone on the roadbed, down between the rails, his jacket pulled up over his head. He may have intended his destruction, but his position was...

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