Atlantic Coast Line Railroad Co. v. Timmons

TERRELL, J.:

Roy Timmons sued appellant to recover damages for personal injuries resulting from the collision of his truck with one of the streamlined passenger trains of appellant. Defendant filed a counter claim, alleging damages of the sum of $4407.82 to its train and tracks as a result of the collision. There was a plea of not guilty to both the declaration and the counter claim. The jury rejected the counter claim and returned a verdict of $800.00 for the plaintiff. Final judgment was entered on the verdict, a new trial was denied and the defendant appealed.

The collision took place at…