Martin v. Southern Railway Co.

These two suits, consolidated for trial, resulted from an automobile-train collision in Morristown, Tennessee, wherein plaintiff, Robert L. Martin was awarded judgment against Southern Railway Company and J. L. Phipps (the engineer operating the train at the time), in the sum of $5,000.00, and plaintiff, John W. Bradley was awarded a judgment against the same defendants in the amount of $350,000.00. Upon appeal the Court of Appeals has affirmed and we granted certiorari. One of the assignments of error in this Court is as follows:

The Court of Appeals erred in refusing to order a remittitur in…