Way v. Seaboard Air Line Railroad
District Court, D. South Carolina
1Opinion of the Court
ORDER
SIMONS, District Judge.
This is a wrongful death action brought under the laws of South Carolina for the alleged wrongful death of Myers Way as a result of his being struck and killed by defendant’s train on March 10, 1965 near North, South Carolina.
Plaintiff in her complaint contends that defendant through its agents was guilty of negligence and wilfulness in striking plaintiff’s deceased while he was “either walking along said track or right-of-way, or was endeavoring to cross at a proper and existing crossing or otherwise upon said track or right-of-way. * * * ” Plaintiff alleges, as…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Robison v. Atl. Coast Line R. Co.Supreme Court of South Carolina · 1936
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3Cited by2 opinions
- Horne v. Seaboard Coast Line RailroadDistrict Court, D. South Carolina · 1969
- Britt v. Seaboard Coast Line RailroadDistrict Court, D. South Carolina · 1968