Moseley v. Southern Railway Co.

The opinion of the Court was delivered by

Mr. Acting Associate Justice John I. Cosgrove.

Action for damages for wrongful death.

The complaint alleged that on March 1, 1927, while plaintiff’s intestate, in the nighttime, was walking along a walkway or roadbed (maintained by defendants along and parallel with the railroad company’s track and fill leading from Cayce, S. C., to Columbia, S.'C., through which there is an opening or cut, and quarry track of another railroad, approximately fifty feet below), by reason of the joint and concurrent neligence, recklessness, carelessness, and wantonness of…