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ARD v. SEABOARD COAST LINE RAILROAD COMPANY

Nos. 72-2346, 72-2347.

487 F.2d 456 (1973)

Emanuel H. ARD, as Administrator of the Estate of Elizabeth R. Ard, Deceased, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, Appellee. James H. MOORE, Jr., as Administrator of the Estate of Loretta B. Moore, Deceased, Appellant, v. SEABOARD COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1973.

Rehearing Denied December 7, 1973.

Attorney(s) appearing for the Case

John A. Martin, Winnsboro, S. C. (Ted H. Bradberry, Winnsboro, S. C., on brief), for appellants.

H. Simmons Tate, Jr., Columbia, S. C. (John H. Lumpkin, Jr., Boyd, Knowlton, Tate & Finlay, Columbia, S. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and FIELD and WIDENER, Circuit Judges.

BRYAN, Senior Circuit Judge:

A train of the Seaboard Coast Line Railroad struck, in the early afternoon of March 25, 1971 near Columbia, South Carolina, a station wagon as it was crossing the track at Brickyard Road, killing the four occupants. Two of these were 11-year old Elizabeth R. Ard and Loretta B. Moore, daughter and sister, respectively, of the driver. Their personal representatives sued in these two actions1 to recover damages...

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