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NEWTON v. S.C. PUBLIC RAILWAYS COM'N

No. 2091.

439 S.E.2d 285 (1993)

Cheryl O. NEWTON, Appellant, v. SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION, Respondent.

Court of Appeals of South Carolina.

Decided December 6, 1993.

Rehearing Denied January 25, 1994.

Attorney(s) appearing for the Case

James H. Moss, of Moss & Kuhn, Beaufort, for appellant.

K. Lindsay Terrell, of Howell, Gibson & Hughes, Beaufort, and Charles E. Carpenter, Jr., and Deborah L. Harrison, of Richardson, Plowden, Grier & Howser, Columbia, for respondent.

CONNOR, Judge:

As noted by the trial judge, this case of the "railroad signal that cried wolf presents issues that seem to have been devised by a professor for a law school examination. The action is one in negligence. Cheryl O. Newton (Newton) sued the South Carolina Public Railways Commission (Railroad) for injuries she sustained at a Port Royal railroad crossing when she was rear-ended by another vehicle.1 Newton alleges she stopped...

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