District Court, D. South Carolina October 25, 1977, Civ. A. 76-1372 (Wessinger v. Southern Ry. Co., Inc.)

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

HEMPHILL, District Judge.

This is a diversity action. It was commenced by the filing of a complaint with the Clerk of this Court on August 2, 1976. The action grows out of a train-automobile collision that occurred on October 10, 1974, at about 11:00 o’clock p. m. at a railroad crossing near the city limits of Lexington, South Carolina.