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YOUNG v. CHARLESTON & W.C. RY. CO.

July 12, 1956

WILLIE YOUNG, ADMINISTRATRIX OF THE ESTATE OF BENNIE YOUNG, DECEASED, PLAINTIFF-RESPONDENT,
v.
CHARLESTON & WESTERN CAROLINA RAILWAY COMPANY, DEFENDANT-APPELLANT.



The opinion of the court was delivered by: Taylor, Justice.

July 12, 1956.

This appeal arises out of an action brought in the Court of Common Pleas for Laurens County by Respondent for the wrongful death of one Bennie Young.

The specifications of negligence set forth in the complaint are as follows:

"8. That the aforesaid wrongful death of plaintiff's intestate and the resultant damages, were directly and proximately caused by the following acts of negligence, carelessness, recklessness, willfullness and wantonness of the defendant, to wit:

"(a) In failing to equip the freight car leading the train in this instance with proper head light, as required by the statutes of this State.

"(b) In failing to equip said freight car with whistle or bell so that the signals required by the statutes of the State could be given.

"(c) In failing and neglecting to give the signals required by the statutes of the State should be given at public crossings and traveled ways.

"(d) In failing and neglecting to have a flagman upon said freight car to warn the public and particularly the plaintiff's intestate, of the approach of said train.

"(e) In failing and neglecting to have any communication system from any watchman or flagman who may have been about said freight car and the crew in control of said locomotive to warn them of any dangers or of any helpless persons on the track.

"(f) In failing and neglecting to give the statutory signals or any warnings whatever of the approach of said train by way of a head light, ringing of a bell, blowing of a whistle or otherwise.

"(g) In failing to keep a proper or any kind of lookout for persons helpless upon said track.

"(h) In failing to provide reasonable, capable and competent agents, servants and employees to operate said train at the time and place.

"(i) In failing to stop said train upon striking plaintiff's intestate thereby aggravating the wounds inflicted about his body.

"(j) In failing to have on said freight car any equipment that would aid or assist a watchman or flagman in detecting plaintiff's intestate upon the track in time to stop said train before injuring him."

Appellant set up by way of answer a general denial and contributory negligence, willfullness, wantonness, and recklessness.

The cause was tried before the Honorable Steve C. Griffith and a jury at the May, 1954, Term of Court and resulted in a verdict for Respondent ...


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