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NEWTON v. SOUTH CAROLINA PUBLIC RAILWAYS

No. 24312.

462 S.E.2d 266 (1995)

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

Supreme Court of South Carolina.

Decided September 18, 1995.

Rehearing Denied October 30, 1995.

Attorney(s) appearing for the Case

K. Lindsay Terrell, of Howell, Gibson & Hughes, P.A., Beaufort; Charles E. Carpenter, Jr., and Deborah Harrison Sheffield, both of Richardson, Plowden, Grier & Howser, P.A., Columbia, for petitioner.

James H. Moss, of Moss & Kuhn, P.A., Beaufort, for respondent.

FINNEY, Chief Justice:

This is a negligence case. The trial judge granted petitioner's (Commission's) Rule 12(b)(6), SCRCP, motion, finding respondent's complaint failed to allege legal cause. Respondent appealed, and the Court of Appeals reversed. Newton v. South Carolina Public Railways Comm'n, 312 S.C. 107, 439 S.E.2d 285 (Ct.App.1993). We granted certiorari, and reverse.

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