Hicks v. Atlantic Coast Line R. Co.

The opinion of the Court was delivered by

Mr. A. L. Gaston, Acting Associate Justice.

This action was commenced on February 6, 1937, upon a cause of action for damages for the wrongful death of J. B. Hicks at a crossing of defendant Company’s track and the ice plant road in the outskirts of Hartsville. The complaint alleges that no statutory crossing signals and no warning of any sort were given, and no effort was made to stop after discovery of plaintiff’s intestate on the track. The defendants answered, denying the material allegations of the complaint and alleging gross contributory…