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STILL v. HAMPTON AND BRANCHVILLE RAILROAD

18943

253 S.C. 72 (1969)

169 S.E.2d 97

Emmett C. STILL, Respondent, v. HAMPTON AND BRANCHVILLE RAILROAD, and the South Carolina State Highway Department of which the South Carolina State Highway Department is, Appellant.

Supreme Court of South Carolina.

July 18, 1969.

Attorney(s) appearing for the Case

Messrs. Daniel R. McLeod, Attorney General, and C. Tolbert Goolsby, Jr., and C. Pinckney Roberts, Assistant Attorneys General, of Columbia, and Isadore Bogoslow, of Walterboro, for Appellant.

Messrs. Smoak & Smoak, of Walterboro, and Henry Hammer, of Columbia, for Respondent.

July 18, 1969.

BRAILSFORD, Justice.

This appeal is from an order of the circuit court overruling a demurrer to the complaint upon the ground of misjoinder of causes of action.

The plaintiff sustained injuries to his person and property in a collision at a crossing of the tracks of the Hampton and Branchville Railroad over a state highway in Colleton County. He sued the South Carolina State Highway Department and the railroad company as joint tort-feasors...

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