Pringle v. Atlantic Coast Line R. Co.

Eishburne, Justice.

This action was instituted by the plaintiff in his own right for the recovery of damages in the sum of $2900.' It is alleged in the complaint that the plaintiff’s truck and trailer were damaged in this amount on March 6, 1947, when negligently struck by a train of the defendant at a crossing in Charleston County.

The defendant set up several defenses, but the defense with which we have to deal on this appeal is contained in the sixth paragraph of the answer, wherein it is alleged:

“Further answering said complaint and as and for a further defense, the defendant alleges, on…