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BAUGHN v. SEABOARD AIR LINE RAILROAD COMPANY

No. C-152-WS-66.

291 F.Supp. 425 (1968)

Edith Portis BAUGHN, Administratrix of the Estate of William Edwin Baughn, Deceased, Plaintiff, v. SEABOARD AIR LINE RAILROAD COMPANY, Defendant.

United States District Court M. D. North Carolina, Rockingham Division.

October 19, 1968.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., Winston-Salem, N.C., Thomas & Harrington, Monroe, N.C., for plaintiff.

Henry & Henry, Lumberton, N.C., for defendant.

MEMORANDUM OPINION

HAYES, District Judge.

The plaintiff's intestate was killed on a clear dry day at 3:45 P.M. June 1, 1966, when an East bound freight train running on the main line struck the rear end of intestate's truck and killed him instantly. The Court grants the motion of defendant for a directed verdict in its favor because it affirmatively appears from the plaintiff's evidence that the intestate drove into the path of an oncoming train in an effort...

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