Bailes v. Southern Railway Co.

Taylor, Justice.

The action from which this appeal stems was brought in the Court of Common Pleas for York County for damages arising out of the alleged wrongful death of Forrest Leonard Moss, whose mangled body was found strewn along appellant’s right-of-way within the yard limits of Sharon, South Carolina, early on the morning of September 12, 1948.

*476The complaint is upon the theory that the deceased was struck and killed by appellant’s railroad train at approximately 8:30 p. m., September 11th, when it was going from Blacksburg, South Carolina, to Sharon, South Carolina, “while the said…