Jacobs v. Atlantic Coast Line Railroad

Stukes, Justice.

Respondent’s intestate was instantly killed at about four o’clock A. M. on November 12, 1950, when he slowly drove his heavily loaded truck-tractor in front of an approaching passenger train of appellant railroad on the southbound track of the grade crossing over Main Street in Kingstree. The street was undergoing repairs and the pavement was out on both sides of a canal bridge which the truck driver had to cross just before he reached the railroad crossing.

The plaintiff’s principal witness was a city policeman who was sitting in his parked car at the curb facing the crossing…