Byrd v. Atlantic Coast Line Railroad

G. Badger Baker, Acting Associate Justice:

This action was brought by respondent for damages to his Volkswagen automobile which, while being operated by his wife, Mrs. Alice W. Byrd, was struck and demolished by a locomotive of appellant at the intersection of appellant’s railroad and Twelfth Avenue in Conway, S. C, on December 17, 1964, at approximately 11:15 o’clock A. M.

Respondent’s complaint contains three specifications of negligence and willfulness, to wit, the maintenance of a crossing where the view of an approaching motorist was obstructed by woods, underbrush and other foliage, the…