Walker v. Atlantic Coast Line R. Co.
| Decision Date | 23 February 1920 |
| Docket Number | 10379. |
| Citation | 102 S.E. 513,113 S.C. 448 |
| Parties | WALKER v. ATLANTIC COAST LINE R. CO. ET AL. |
| Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Charleston County; R. W Memminger, Judge.
Action by Elizabeth Parke Walker, as administratrix of Walter H Walker, deceased, against the Atlantic Coast Line Railroad Company and another, to recover damages for the death of plaintiff's intestate in a collision between defendant's train and the automobile in which he was riding. From an order striking out portions of the answer defendants appeal. Affirmed.
Circular No. 4 mentioned in the opinion was as follows:
United States Railroad Administration, Division of Law.
Washington October 25, 1918.
Attention is directed to the act of Congress entitled "An act to amend an act entitled 'An act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department,' " approved September 2, 1914 and for other purposes, approved October 6, 1917, Public Document No. 90, Sixty-Fifth Congress (H. R. 5723).
This act establishes a system for compensating officers and enlisted men and women nurses of the Army and Navy Corps, when employed in active service under the War and Navy Departments of the government.
In case of railroad accidents, in order to avoid confusion and to effectuate a proper and uniform handling of the compensation claims of such injured and disabled persons who are entitled to receive compensation under the War Risk Act, upon the happening of any accident causing death, disablement, or of injury to any officer, enlisted man, or member of the Army or Navy Nurse Corps (female), occurring on any line of railroad under federal control, the General Solicitor will immediately notify J. H. Howard, Manager, Claims and Property Section, Division of Law, Southern Railroad Building, Washington, D. C., giving the name and emergency address of the dead or injured person, his or her number, rank, and routing, and in the case of injured persons, his or her present address.
Such injured officers and enlisted men and members of the Army and Navy Nurse Corps (female) will be remitted to their claim for compensation through the War Risk Bureau, and will not receive any payment through the Railroad Administration.
No claims for damages for injuries occasioning death or disablement of such persons should be recognized or entertained. The circumstances surrounding accidents should be investigated as heretofore and report filed.
The General Solicitor will notify general claim agents of this circular, who will in turn notify all claim agents.
John Barton Payne, General Counsel.
Approved:
W. G. McAdoo,
Director General of Railroads.
FitzSimons & FitzSimons, of Charleston, for appellants.
Logan & Grace, of Charleston, for respondent.
This is an appeal from an order of Judge Memminger striking out certain portions of appellant's answer; said order...
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