7 Ga. App. 146 | Ga. Ct. App. | 1909
1. Where a person was injured by tlie running of a railroad
train while on the track at a point between two public street crossings in a city, it was not erroneous to instruct the jury that although the omission on the part of the engineer to comply with the statutory requirements as to giving signals and checking the speed of the train would not amount to negligence per se, yet the jury might consider such omission, in connection with all the evidence, for the purpose of determining if the railroad company was negligent. Air Line Ry. Co. v. Gravitt, 93 Ga. 370 (20 S. E. 550) ; Macon & Birmingham Ry. Co. v. Parker, 127 Ga. 471 (56 S. E. 616) ; Southern Ry. Co. v. Pope, 129 Ga. 842 (60 S. E. 157). The law contained in sections 2222 and 2224 of the Civil Code of 1895 applies to street crossings in cities; and this is true although there may be a valid municipal ordinance on the same subject. The ordinance would be supplementary to the statute, providing an additional safeguard to person and property. Both statute and ordinance, when applicable and not in conflict, should be enforced; and where in 'conflict, the statute would control. Central Railroad v. Russell, 75 Ga. 810; A. & W. P. R. Co. v. Newlon, 85 Ga. 525 (11 S. E. 776) ; Central R. Co. v. Smith, 78 Ga. 694 (3 S. E. 397).
2. The instruction to the jury embracing the well-settled principle of law that, if the place where, the plaintiff was injured was a place much frequented, with the knowledge of defendants, by people walking to and fro, or being on the track at that point, it was the duty of the engineer on that engine to keep a vigilant outlook; and if he failed to do so, the defendant might be liable, was in substance correct, and was not erroneous for any of the reasons assigned. Shaw v. Georgia Railroad, 127 Ga. 8 (55 S. E. 960) ; Georgia R. Co. v. Cromer, 106 Ga. 296 (31 S. E. 759) ; Bullard v. Southern Ry. Co., 116 Ga. 644 (43 S. E. 39).
3. Where, in an action to recover damages from a railroad company for an injury caused by the running of a train in the limits of a city, it is