Seaboard System Railroad v. Peeples

GRIMES, Acting Chief Judge.

Seaboard appeals from a $775,000 judgment entered against it in a wrongful death action.1 The decedent was killed in a railroad crossing accident.

Seaboard does not contend that there was no evidence upon which the jury could have found it negligent. Rather, it argues that the trial judge abused his discretion in refusing to order a new trial because the verdict was “against the manifest weight of the evidence and reflects that it was given under the influence of sympathy, passion, prejudice, mistake or other unlawful cause.” As grounds Seaboard argues that (1) the…