Brown v. Atlantic Coast Line Railroad

Oxner, Justice.

Between 2 :30 and 3 :00 A. M. on September 6, 1958, a 1946 Ford automobile driven by James H. Brown collided with a flatcar that was standing on and blocking a railroad crossing on South Harvin Street in the City of Sumter. As a result of the collision, Brown sustained personal injuries and his automobile was damaged beyond repair. He brought this action against the Atlantic Coast Line Railroad Company to recover actual and punitive damages. He alleged that the Railroad Company was negligent and reckless in permitting this flatcar, which he claims was of the same color as the…