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POOLE v. SOUTHERN RAILWAY CO.

18706

250 S.C. 213 (1967)

157 S.E.2d 175

Malcolm A. POOLE, Respondent, v. SOUTHERN RAILWAY COMPANY and Joyce Poole Barrier, of whom Southern Railway Company is, Appellant.

Supreme Court of South Carolina.

September 26, 1967.

Attorney(s) appearing for the Case

Messrs. Francis C. Jones, of Lexington, F. Dean Rainey, of Greenville, and John Gregg McMaster, and Robert J. Thomas, of Columbia, for Appellant.

Messrs. John H. Hydrick, Jr., and H.V. Sandifer, of Lexington, for Respondent.

September 26, 1967.

BUSSEY, Justice.

This case arises out of a grade crossing accident which occurred in a rural area of Lexington County, and the only issue on appeal, necessary to be decided, is whether the defendant-appellant is entitled to judgment in its favor on the ground that the record contains no evidence of actionable negligence on its part. It is elementary that in the decision of this issue the evidence...

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