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DIXON v. WEIR FUEL CO.

18773

251 S.C. 74 (1968)

160 S.E.2d 194

Hubert DIXON, as Administrator of the Estate of Pearl Dixon, Respondent, v. WEIR FUEL COMPANY, Appellant-Respondent, and A. Jack Roberts, as Administrator of the Estate of David Roberts, Appellant.

Supreme Court of South Carolina.

March 14, 1968.

Attorney(s) appearing for the Case

Messrs. Gregory & Gregory, of Lancaster, and Roddey, Sumwalt & Carpenter, of Rock Hill, for Appellant, Weir Fuel Company.

Messrs. James H. Howey and Williams & Parler, of Lancaster, and D. Reece Williams, III, of Columbia, for Appellant, A. Jack Roberts, Administrator.

Messrs. Gregory & Gregory, of Lancaster, and Roddy, Sumwalt & Carpenter, of Rock Hill, for Respondent, Weir Fuel Company.

Messrs. D. Glenn Yarborough and Berry L. Mobley, of Lancaster, for Respondent, Hubert Dixon, as Administrator of the Estate of Pearl Dixon, Deceased.

March 14, 1968.

LITTLEJOHN, Justice.

In the early evening (after dark) of October 30, 1964, David Roberts and Pearl Dixon were killed when the automobile of Roberts, in which she as guest passenger and he as driver were riding, was in collision with a tractor-trailer truck operated by an agent or servant of Weir Fuel Company. For brevity we shall refer to these parties as Roberts, Dixon and Weir. The fatal collision occurred on U.S. Highway 21 about five miles...

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