Legal Opinion
Williams v. Atlantic Coast Line Railroad
District Court, D. South Carolina
Decided October 5, 1967No. Civ. A. No. 67-438PublishedCited by 2 opinions
1Opinion of the Court
HEMPHILL, District Judge.
Plaintiff, seeking damages for the alleged wrongful death1 of Bobby A. Fowler, attacks, and seeks to have stricken, the third defense in the answer, which reads:
The defendant railroad instituted a suit in the United States District Court of South Carolina against this plaintiff decedent’s employer arising out of this same accident alleging that the negligent, willful and reckless acts of the plaintiff’s decedent, acting in the course of his employment, were the proximate cause of the damage suffered by the defendant railroad. The plaintiff decedent’s employer in its…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Cora Hubbard Williams v. Cora Williams Murdoch and Commonwealth Bank and Trust Company, a CorporationCourt of Appeals for the Third Circuit · 1964
- Walter B. Graves v. Associated Transport, Inc.Court of Appeals for the Fourth Circuit · 1965
- Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1911
- Daniel B. Southard v. Margaret F. Southard, Also Known as Margaret F. GrahamCourt of Appeals for the Second Circuit · 1962
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3Cited by2 opinions
- Katz v. State of ConnecticutDistrict Court, D. Connecticut · 1969
- Federal Deposit Ins. Corp. v. BaldwinCourt of Appeals for the First Circuit · 1988