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HORNE v. SEABOARD COAST LINE RAILROAD COMPANY

Civ. A. No. 68-424.

301 F.Supp. 561 (1969)

Laura G. HORNE, Executrix of the Estate of Ansel E. Horne, deceased, Plaintiff, v. SEABOARD COAST LINE RAILROAD COMPANY, Defendant.

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

July 9, 1969.

Attorney(s) appearing for the Case

Frank L. Taylor, Geddes H. Martin, Columbia, S. C., for plaintiff.

H. Simmons Tate, Jr., Boyd, Bruton, Knowlton & Tate, Columbia, S. C., for defendant.

OPINION AND ORDER

DONALD RUSSELL, District Judge.

Defendant has moved for summary judgment in this suit to recover for the alleged wrongful death of plaintiff's testate who was killed when struck by a train of the defendant as he was walking or standing between the rails of defendant's tracks near Standish Street in Columbia, South Carolina.

The depositions of all eye-witnesses to the accident have been taken. There is no dispute of fact among such...

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