120 Ga. 1042 | Ga. | 1904
The plaintiff below, Williams, brought suit against the railroad company for damages, alleging that a horse belonging to him had been negligently killed by one of its trains. On the trial of the case, one of the plaintiff’s witnesses, who lived near the point where the animal was struck by the engine, testified as follows: A short while before the train came along, she saw the horse running in a pasture which adjoined, but which was not fenced off from, the company’s right of way. The horse came to within thirty or forty yards.of the railroad, and then started to cross the track. Witness first noticed the- approaching train when it was within twenty-five or thirty yards from the horse, which was at that time running along the side of the track. It started across, then attempted to avoid the collision by changing its course and going in the direction of the pasture, but was struck by the engine at about the same time. There was nothing except the telegraph poles to obstruct the engineer’s view of the horse as the train approached the scene of the killing, and the horse could have been seen by him from a distance of 200 or 250
Judgment affirmed.