Lewis v. Atlanta-Charlotte Airline Railway Co.

Bussey, Justice.

Plaintiff’s 'intestate, allegedly came to his death as the result of being struck by a train of the defendant-appellant, *530Southern Railway Company, in Pickens County, South Carolina, the engineer of the train at the time having been one Walter T. Morris, a resident of Atlanta, Georgia. Two actions were commenced under the caption of this case; one for the alleged wrongful death of plaintiff’s intestate, and the other under the survival act for the benefit of the estate.

Plaintiff’s counsel served on defendant’s counsel and on the said Walter T. Morris a notice of motion and…