Baxley v. Atlantic Coast Line R. Co.

The opinion of the Court was delivered by

Mr. Ci-iiEE Justice Boni-iam.

The plaintiff, as administratrix of the estate of Harvey Baxley, brought action against the defendant, Atlantic Coast Dine Railroad Company, seeking to recover damages for the alleged negligent, careless, willful and wanton killing of her intestate.

The complaint alleges that on the night of October 29, 1938, as the said Harvey Baxley was crossing Main Street in the Town of Dillon, S. C., with its intersection with defendant’s line of railway, and just as he was clearing the line of railway, he was struck by a train on the…