Johnson Ex Rel. Herrington v. Charleston & Western Carolina Railway Co.

Legge, Justice.

Appellant’s main line track and U. S. Highway 321 intersect in the town of Fairfax, S. C. About 1:00 o’clock a. m. on September 27, 1952, an automobile traveling north on said highway collided with appellant’s freight train that was slowly moving across the intersection. W. S. Herrington, one of the occupants of the automobile, was killed; and this action was brought seeking damages for his alleged wrongful death. Verdict was for $67,618 acutal damages. The appeal charges error in the trial judge’s refusal of appellant’s motions for nonsuit, directed verdict, judgment n. o. v.,…