Rock v. Atlantic Coast Line R. Co.

Fishburne, Justice.

The accident which gave rise to this action occurred about seven o’clock at night on Christmas Eve, December 24, 1949, at the intersection of East Calhoun Street in the City of Sumter with a track of the defendant Railroad Company. The automobile in which plaintiff was riding as a passenger collided with a Diesel yard engine that was being backed across the street. The plaintiff suffered personal injuries, and instituted this action for damages in the sum of $3,000.00.

It is alleged in the complaint that the injuries sustained by the plaintiff were caused by the negligence,…