ATLANTIC COAST LINE RAILROAD COMPANY v. BARGANIER

6 Div. 860.

88 So.2d 823 (1956)

ATLANTIC COAST LINE RAILROAD COMPANY v. Calvin F. BARGANIER.

Supreme Court of Alabama.

June 21, 1956.


Attorney(s) appearing for the Case

Graham, Bibb, Wingo & Foster, Birmingham, for appellant.

Taylor, Higgins, Windham & Perdue, Birmingham, for appellee.


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 case, 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...

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