Wessinger v. Southern Railway Co.

HEMPHILL, District Judge.

This matter comes before the court for decision, in the form of defendant’s Motion In Limine. Said motion contains five points, three of which have already been resolved in a hearing held January 23, 1979. The remaining points, points two and five, are the subject of this Order.

This is a diversity action instituted August 2, 1976 as the result of a train — automobile collision that occurred on October 10, 1974, at about 11:10 p. m. at a railroad crossing near the city limits of Lexington, South Carolina. By Order issued on January 5, 1978, Harold W. Wessinger’s claim…