Melton v. Atlantic Coast Line R. Co.

Circuit Judge E. H. Henderson, Acting Associate Justice,

delivered the unanimous Opinion of the Court:

The respondent, Mason Melton, was riding in his automobile in the town of Darlington on March 31, 1941, and suffered personal injuries and property damage in a collision with a train of the Atlantic Coast Nine Railroad Company at the Washington Street crossing. A trial was had before his Honor, Judge G. B. Greene, and a jury in the Court of Common Pleas for Darlington County. The plaintiff obtained a verdict for actual damages against the rail- • road company and its engineer, C. N. Fowler.

This…