Smith v. Southern Railroad Co.

Mr. Associate Justice O'xnEr

delivered the unanimous Opinion of the Court.

Respondent, Orren Smith, recovered a verdict for $12,-000.00 actual damages against appellant, Southern Railway Company, on account of personal injuries received in a collision between a Chevrolet Coupe in which he was riding and a backing freight train, which occurred about 2 :30 A. M., on Sunday, August 29, 1943, at a crossing in the village of Lena in Hampton County. Appellant has appealed from the judgment entered on said verdict. There are two questions to be determined: (1) Was the respondent or the driver of the…