Atlantic Coast Line R. Co. v. Daniels

Daniels (plaintiff) drove onto a railroad crossing owned by Atlantic Coast Line Railroad Company (Atlantic) (defendant) while the gates were up; an Atlantic employee then lowered the gates because a train was coming, trapping Daniels, who stalled and pushed his car clear before the train passed. After the gates reopened, Daniels, still shaken by the fright of being trapped, forgot his car was in top gear and was injured cranking the engine, breaking teeth and injuring his face. Daniels sued Atlantic for negligence; Atlantic's demurrer (motion to dismiss) was overruled, and Atlantic appealed.