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WESSINGER v. SOUTHERN RY. CO., INC.

Civ. A. No. 76-1372.

438 F.Supp. 1256 (1977)

Shirley B. WESSINGER, Plaintiff, v. SOUTHERN RAILWAY COMPANY, INC., a corporation, Defendant.

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

October 25, 1977.

Attorney(s) appearing for the Case

Ronald L. Motley, Blatt, Fales, Bedingfield, Loadholt, Poole, Motley & Richardson, Barnwell, S. C., M. M. Weinberg, Jr., Weinberg, Bryan, Warner & Brown, Sumter, S. C., for plaintiff.

John Gregg McMaster, Columbia, S. C., for defendant.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

HEMPHILL, District Judge.

This is a diversity action. It was commenced by the filing of a complaint with the Clerk of this Court on August 2, 1976. The action grows out of a train-automobile collision that occurred on October 10, 1974, at about 11:00 o'clock p. m. at a railroad crossing near the city limits of Lexington, South Carolina. Plaintiff, Mrs. Shirley B. Wessinger, sues to recover damages for the...

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