Allen v. Atlanta & Charlotte Air Line Ry. Co.

I regret that I have a different view of this case from that expressed in the opinion by Mr. Justice Taylor. I would consider the appeal on its merits rather than dismiss it, and dispose of it as will be indicated.

It has long been established in this jurisdiction that in the case of a tort two causes of action may arise, one for actual damages on account of the negligence of the defendant and another and independent cause of action for punitive damages if the tortious act of the defendant was accompanied by wilfulness or recklessness. This state of the law occasioned the enactment in 1898 (22…