Hanback v. Seaboard Coastline Railroad

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

CHAPMAN, District Judge.

This matter was tried before the Court without a jury on May 13 and 14, 1975. Plaintiff alleges she was assaulted and raped by another passenger on Seaboard Coastline Railroad train No. 83 near Florence, South Carolina, on June 3, 1972, and asserts that defendants failed to provide the highest degree of care to protect her from such attack and thereby violated its duty to her as a paying passenger.

The answer sets up the defenses of contributory negligence, assumption of risk and the intervening act of the plaintiff’s…