Funderburk v. Powell

The opinion of the Court was delivered by

Mr. Justice] FishburnE.

This is an action to recover actual damages for injuries received in a collision between an automobile occupied by the plaintiff and a train of the Seaboard Air Line Railway Company, which was stationary at the time of the collission. The railroad company is sued in the name of its receivers, but for convenience it will be referred to as the defendant. The case does not involve the violation of any statute or municipal ordinance, but is founded solely on common-law negligence.

The accident occurred on December 7, 1931, between 9…