John Robert Shaw, as of the Estate of Anthony Alma Rahner, Deceased v. Atlantic Coast Line Railroad Company and Southern Railway Company

SOPER, Circuit Judge.

This suit against the Atlantic Coast Line Railroad Company and the Southern Railway Company was brought by the Executor of the estate of a conductor employed by the Southern, who' was killed by a train of the A.C.L. in attempting to cross its tracks at 4:30 A.M. on December 21, 1952, at Hardeeville, South Carolina. This suit against A.C.L. claimed damages for wrongful death and was brought under the Lord Campbell’s Act of South Carolina, §§ 10-1951 and 10-1952 of the South Carolina Code of 1952. The suit against Southern on the same cause of action was brought under the…