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JAMES v. ATLANTIC COAST LINE RAILROAD COMPANY

Civ. A. No. 7854.

210 F.Supp. 76 (1962)

Layton JAMES as Administrator of the Estate of Bertha Mae James, deceased, Plaintiff, v. ATLANTIC COAST LINE RAILROAD COMPANY, Defendant.

United States District Court E. D. South Carolina, Florence Division.

November 5, 1962.

Attorney(s) appearing for the Case

Byrd & Anderson, Marion, S. C., for plaintiff.

A. L. Hardee, Willcox, Hardee, Houck, Palmer & O'Farrell, Florence, S. C., for defendant.

WYCHE, District Judge.

This action is to recover damages for alleged wrongful death of a child and the suit is brought for the benefit of the mother Lillie Pearl James. The defendant in its answer sets up the contributory negligence of the mother, the beneficiary under the statute, in the following language: "2. That the plaintiff's intestate was permitted and allowed by her mother, the said Lillie Pearl James, to stray from the premises where they lived, having left...

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