McMillan v. Southern Ry.-Carolina Division

The opinion of the Court was delivered by

Mr. Associate Justice Carter.

Plaintiff brought this action to recover actual and puniaive damages for the alleged negligent and reckless killing of Eitzhugh McMillan by the defendant.

The complaint alleges that about two o’clock a. m., on May 29, 1938, plaintiff’s intestate was driving from Allendale in the direction of Barnwell along State Highway No. 3; that at the point where this highway crosses the railroad, about five miles north of Allendale, he lost control of his automobile, whereupon it left the “highway, overturning and coming to rest…