Bingham v. Powell

The opinion of the Court was delivered by

Mr. Justice Stukes.

This is an action for actual and punitive damages alleged to have accrued to the plaintiff (in which, however, the jury found only actual damages) as the result of personal injuries received in a collision between plaintiff’s automobile which he was driving and a freight train of the defendants. The collision occurred on September 28, 1938, on a public road known as the “Old Society Hill and Darlington Highway” at a grade crossing of a branch or side track of the defendants’ railroad, apparently used to serve an industrial plant and…