29 Ga. App. 745 | Ga. Ct. App. | 1923
(After stating the foregoing facts.) The averment in paragraph 8 that "if the said crossing had been kept and maintained by the defendant company according to the spirit of the road law,” the plaintiff’s " injury and damage would not have occurred, and therefore the defective condition of the crossing at that time was the proximate cause of the injury and damage to the plaintiff,” was imperfect as an allegation of proximate cause. It
There is a distinction between this case and that of Crooms v. Payne, 26 Ga. App. 739 (107 S. E. 276). It appears in that case that the plaintiff was an employee of the railroad company, and was not seeking to protect his own property, but that of another, from the alleged negligent acts of the defendant. There was no emergency which warranted him in exposing himself to the danger. There may be other distinctions, but this we think is sufficient to show that that case is not authority against the ruling here made.
Judgment affirmed.