Atlantic Coast Line Railroad Company v. Paulk

Jordan, Judge.

1. Under the allegations of the petition in this case, which was not demurred to, a cause of action was set forth for negligence as well as for wilful and wanton misconduct. Accordingly, the trial court did not err in denying the defendant’s motion for judgment notwithstanding the verdict which was based upon the ground that the evidence demanded a finding that the defendant was not guilty of wilful and wanton misconduct.

2. Likewise, the trial court did not err, as contended in special ground 4 of the amended motion for new trial, in charging the jury that the plaintiff was…