DURHAM v. SOUTHERN RAILWAY COMPANY

Civ. A. No. 66-C-7-D.

256 F.Supp. 879 (1966)

Olleen Anderson DURHAM, Administratrix of the Estate of Raymond Elvin Durham, Plaintiff, v. SOUTHERN RAILWAY COMPANY, Carolina and Northwestern Railway Company, and S. H. Knight Oil Company, Incorporated, Defendants.

United States District Court W. D. Virginia, Danville Division.

July 30, 1966.


Attorney(s) appearing for the Case

William H. Smith, Garrett, Garrett & Smith, Danville, Va., for plaintiff.

Edwin B. Meade, Meade, Tate & Meade, Danville, Va., for defendants Southern Ry. Co. and Carolina & Northwestern Ry. Co.

Joseph M. Winston, Jr., Clement, Wheatley, Winston & Craig, Danville, Va., Norwood E. Robinson, Bethea, Robinson & Moore, and Price, Osborne & Johnson, Leaksville, N. C., for defendant S. H. Knight Oil Co.


OPINION

DALTON, Chief Judge.

On August 24, 1965, plaintiff's intestate, a railroad employee, was killed when the diesel locomotive on which he was riding collided with a tanker truck and tractor trailer belonging to S. H. Knight Oil Company, Incorporated (hereinafter referred to as "Knight"). The collision occurred in the City of Leaksville, North Carolina at the railroad crossing known as East Church Street Crossing. Plaintiff has instituted this action...

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