Ritter v. Atlantic Coast Line R. R.
Ritter v. Atlantic Coast Line R. R.
Opinion of the Court
The opinion of the Court was delivered by
This was an action for actual and punitive damages brought by the plaintiff against the defendant for the alleged wrongful, wanton, reckless and negligent killing of the plaintiff’s intestate, Tillman Ritter, by the defendant while attempting to cross Atlantic Coast Tine Railroad on the public road near the city of Orangeburg on March 15, 1910. The defendants’ answer denied the material allegations of the complaint, and set up as an affirmative defense contributory negligence and gross contributory negligence and wilfulness under the statute. The cause was tried before Judge Sease and a jury and resulted in a verdict in favor of the plaintiff for $1,000 actual and $2,000 punitive damages. After entry of judgment defendants appeal. Before case was submitted to the jury the defendants moved the Court for a direction of verdict in favor of defendants which was refused, and after verdict was rendered defendants moved to set aside the verdict of $2,000 for punitive damages as there was no evidence to sustain this finding, which motion was refused.
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The exceptions are overruled. Judgment affirmed.
Reference
- Full Case Name
- Ritter v. Atlantic Coast Line R. R. Co.
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- 7 cases
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- Published
- Syllabus
- Railroads. Crossings. Wilfulness.' Negligence. Evidence. Issues. 1. Railroads — Crossings—Issues.—Where more than one inference can reasonably be drawn from the evidence, as to whether or not decedent’s death was due to the wilfulness or wantonness of the defendant, or decedent’s own negligence, an issue is presented for determination by the jury. 2. Negligence — Wilfulness.—Where the jury has found that an injury was due to the wilful and wanton act of a defendant, the question whether the person injured was guilty of contributory negligence becomes immaterial. 3. Wilfulness — Evidence.—Where the testimony tended to show that a man killed at a railroad crossing came upon the track from the fireman’s side, and that the fireman kept no lookout, as 'his duty required in approaching such crossing, but was engaged for 900 yards before reaching the crossing in shovelling coal, and the testimony as to whether the bell was rung or whistle sounded was contradictory, it was for the jury to determine whether or not there was a failure by the defendant to keep a proper lookout or give the statutory signals in approaching the crossing, and if there was such failure, whether or not it was wilful and wanton.