(concurring).
As the trial judge thought, I think the evidence of gross negligence on the part of appellee is thin. But I assume that one is not required to have gross evidence to prove gross negligence. I could not concur in the above decision were it not for the comparatively recent reversals by the Supreme Court of Johnson v. Union Pacific, 352 U.S. 957, 77 S.Ct. 359,1 L.Ed. 2d 316; Gibson v. Phillips Petroleum Co., 352 U.S. 874, 77 S.Ct. 16, 1 L.Ed.2d 77; and Williams v. Carolina Life Insurance Co., 348 U.S. 802, 75 S.Ct. 30, 99 L.Ed. 633.
Factually, the cases are not the same, but I think they indicate what the highest court would do with this case.