Daniels (plaintiff) drove his car up to a railroad crossing owned and maintained by Atlantic Coast Line Railroad Company (Atlantic) (defendant). The gates to the crossing were up, so Daniels drove onto the tracks. An Atlantic employee then closed the gates because a train was approaching. Trapped on the tracks, Daniels stalled his car. He got out and pushed the car out of the path of the train. After the train passed, the employee opened the gates again. Daniels went to start his car, but because of his recent fright he forgot that he had left the car in top gear. When he turned the crank, the engine kicked, and the force threw him against the radiator. He broke several teeth and suffered injuries to his face. Daniels sued, claiming that Atlantic’s negligence caused his injuries. Atlantic filed a demurrer, asking the court to dismiss the case, but the trial court overruled the demurrer. Atlantic appealed.