ARRINGTON v. TRAMMELL

33283, 33282.

83 Ga. App. 107 (1950)

62 S.E.2d 451

ARRINGTON v. TRAMMELL. ATLANTIC COAST LINE R. CO. v. TRAMMELL.

Court of Appeals of Georgia.

Rehearing Denied December 15, 1950.


Attorney(s) appearing for the Case

Lokey & Bowden, for Arrington.

MacDougald, Troutman, Sams & Schroder, for Atlantic Coast Line R. Co.

Hewlett & Dennis, T. F. Bowden, for Trammell.


TOWNSEND, J.

(After stating the foregoing facts.)

As stated in the briefs of counsel, the sole issue before this court is whether there was any evidence to authorize a finding by the jury that the conduct of the defendant amounted to wantonness, as alleged. For the reason that the employee was riding a free pass, issued pursuant to the Hepburn Act (49 U. S. C.A., Sec. 1 (7)) mere negligence on the part of the railroad company and its servants would be insufficient...

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