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SMOAK v. SEABOARD COASTLINE RAILROAD CO.

19540

259 S.C. 632 (1972)

193 S.E.2d 594

J. C. SMOAK and Dalton L. Truluck, as Administrators of the Estate of Arnold Ray Smoak, Respondents, v. SEABOARD COAST LINE RAILROAD COMPANY, Appellant.

Supreme Court of South Carolina.

December 14, 1972.

Attorney(s) appearing for the Case

Robert M. Erwin, J., Esq., of Burns, McDonald, Bradford, Erwin and Few, Greenwood, for Appellant.

Messrs. Murdaugh, Eltzroth & Peters, of Hampton, for Respondents.

December 14, 1972.

LITTLEJOHN, Justice:

This common law action for wrongful death arises as a result of a railroad grade crossing collision involving a pickup truck and a freight train. The plaintiff's intestate was riding as a passenger in the cab of the truck when the collision occurred. We are called upon to determine if the intestate was guilty, as a matter of law, of contributory negligence, gross negligence...

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