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ISGETT v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 9130.

328 F.2d 364 (1964)

Harley Eugene ISGETT, Administrator of the Estate of David Harley Isgett, Jr., deceased, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, a Corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 20, 1964.

Attorney(s) appearing for the Case

Benny R. Greer, Darlington, S. C. (David W. Harwell, Florence, S. C., James P. Mozingo, III, and Greer & Chandler, Darlington, S. C., on brief), for appellant.

Hugh L. Willcox, Florence, S. C. (Willcox, Hardee, Houck, Palmer & O'Farrell, Florence, S. C., on brief), for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and BUTZNER, District Judge.

ALBERT V. BRYAN, Circuit Judge.

Stalled at night on the tracks of the Atlantic Coast Line Railroad Company at a highway crossing near Florence, South Carolina, the car driven by David Harley Isgett, Jr. was struck by a train, killing him, his mother and another occupant of the automobile. Upon completion of the evidence offered by his administrator, in this diversity action against the Railroad for his death, the District Court directed a verdict for the defendant...

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