54 Ga. App. 666 | Ga. Ct. App. | 1936
In the petition in this suit to recover damages for personal injuries alleged to have been sustained by the plaintiff as a result of alleged negligence in the operation of the defendant’s railroad-train at a public crossing, it is alleged that at a designated number of feet from the crossing in the direction from which the train approached there was an embankment or cut of a designated height, upon which were bushes, grass, and weeds of a designated height, which cut off the view of the railroad-tracks from a person who approached the crossing, and which also rendered it difficult for the engineer of an approaching train to see a person or vehicle approaching the crossing. The petition contains allegations of fact that the cut or embankment with the described growth obstructed the view of approaching trains from the persons at the crossing, and obstructed the view of the engineer on the approaching train of persons or vehicles approaching across it. The allegations are not subject to demurrer on the ground that they fail to disclose the distance from the railroad-track to the embankment, so as to show whether the presence of the embankment with the growth thereon obstructed the view of an approaching train from a person approaching the crossing, or obstructed a person approaching the crossing from the view of the engineer of the approaching train. It is a question of fact for a jury whether a train which injured a person at a public crossing was being negligently operated in approaching the crossing at the “high, rapid and excessive” speed of .sixty miles an hour, as described in the petition, or in approaching the crossing without ringing a bell or blowing a whistle, or without.giving warning of some kind of the train’s approach. The allegations are not subject to .demurrer on the ground that they set forth no basis of legal liability against the defendant, and, in so far as it is alleged that the speed of the train was “high, rapid, and excessive,” a mere conclusion of the pleader is stated. The petition, except in so far as hereinafter appears, set out a cause of action, and was good against the general and special demurrers.
Where the wife of a person who was killed by the operation of a train at a railroad crossing, signed, at the instance of a representative of the railroad company, a paper releasing the com
Judgment reversed.