Charlie L. Dean, Jr., Administrator of the Estate of L. T. McGee v. Edmund v. Cole

J. SPENCER BELL, Circuit Judge.

The defendant appeals from a judgment of the district court without jury in a wrongful death action. Shortly after midnight of May 12-13, 1956, plaintiff’s decedent, a 69 year old farmer, was run over and killed by a passing motorist in a rural area between Sumter and Turbeville, South Carolina. The two lane road was straight for several miles each way from the place of the accident. The night was clear. There were no intersecting roads. The testimony of the plaintiff’s only eyewitness is carefully summarized as follows: The witness left Sumter for Turbeville,…