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WAY v. SEABOARD AIR LINE RAILROAD COMPANY

Civ. A. No. 66-588.

270 F.Supp. 440 (1967)

Phyllis WAY, Administratrix of the Estate of Myers Way, Plaintiff, v. SEABOARD AIR LINE RAILROAD COMPANY, a corporation, Defendant.

United States District Court D. South Carolina, Orangeburg Division.

July 12, 1967.

Attorney(s) appearing for the Case

Ernest A. Finney, Jr., Finney & Gray, Sumter, S. C., for plaintiff.

H. Simmons Tate, Jr., Boyd, Bruton, Knowlton & Tate, Columbia, S. C., William A. Horger, Horger & Horger, Orangeburg, S. C., for defendant.

ORDER

SIMONS, District Judge.

This is a wrongful death action brought under the laws of South Carolina for the alleged wrongful death of Myers Way as a result of his being struck and killed by defendant's train on March 10, 1965 near North, South Carolina.

Plaintiff in her complaint contends that defendant through its agents was guilty of negligence and wilfulness in striking plaintiff's deceased while he was "either walking along said track or right...

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