Padgett v. SOUTHERN RY. CO.

Baker, Chief Justice.

This is a companion case to that of Padgett v. Southern Ry. Co., reported in 216 S. C. 487, 58 S. E. (2d) 895, which was an action in tort for the alleged negligence, will-fullness and wantonnesss of the respondents here, resulting in the death of the twin brother of this appellant’s intestate, who met his death in the same accident, and under the identical circumstances.

Upon the trial of the case now here on appeal, as in the case of Padgett v. Southern Ry. Co., supra, the trial Judge struck from the complaint all specifications of negligence, willfullness and wantonness…