Chicago, Rock Island & Pacific Railroad Company v. Carlton Kinard, Carlton Kinard v. Chicago, Rock Island & Pacific Railroad Company

VOGEL, Circuit Judge.

Carlton Kinard, plaintiff-appellee in No. 16,841, brought action against the Chicago, Rock Island and Pacific Railroad Company, defendant-appellant, to recover damages by reason of injuries received by him as a result of an accident occurring on February 18, 1960, at approximately 3:40 a. m. when he drove his automobile into the side of a moving freight train on South Washington Street in the City of El Dorado, Arkansas. In addition to compensatory damages of $100,000, plaintiff asked punitive damages in the sum of $50,000. The trial court refused to submit the issue of…