Atlantic Coast Line Railroad Company v. Barganier

SIMPSON, Justice.

Plaintiff recovered a judgment against the defendant in the amount of $65,000 as reduced by the order of the trial court on motion of the defendant for a new trial and acceptance of a remittitur by plaintiff. The defendant brings this appeal. This *475case, involving a railroad crossing accident, has been tried three times. The judgment appealed from is the third one rendered against the defendant.

While we agree with the appellee that there must be an end to litigation, we see no way to avoid a reversal of the case for the errors indicated below.

Among the elements of damages…