Simmons v. Atlantic Coast Line Railroad

Bussey, Justice.

In this action for the wrongful death of Gloria Jean Daniels, a minor fifteen years of age, resulting from a collision between a train of the defendant and a car driven by the decedent, the jury returned a verdict for the plaintiff in the sum of $10,000.00 actual damages, and $5,000.00 punitive damages. The only issue presented by the appeal is whether the defendant is entitled to judgment on the ground that the evidence is susceptible of no other reasonable inference than that the decedent was guilty of contributory “gross or willful negligence” as a matter of law, Sec.…