95 Ga. 688 | Ga. | 1895
• The plaintiff’s case was dismissed on the ground that the declaration did not set out a cause of action. It alleged, in substance: He was traveling on a public road which crosses the defendant’s railroad, driving a mule which was unaccustomed to and afraid of engines and trains. The situation of the railroad track with reference to the public road was such as to prevent him from seeing or hearing the cars until he was on the track. He knew the railroad schedule, and that no train was then due or reasonably to be expected; but nevertheless, he exercised all reasonable precaution in looking and listening for a train. Not seeing nor hearing any, he drove on the track, when to his consternation he saw, not more than thirty to fifty steps distant, a train coming at the rate of fifteen or twenty miles an hour. It was an extra train, and not running on any schedule. He used every possible effort to free himself from his perilous situation, urging his mule forward as rapidly as he could. Just as the rear of his buggy cleared the track, the engine sped rapidly by and terribly frightened the mule, which rushed-with the buggy against a tree on the railroad right of way, demolishing the vehicle and harness, injuring the animal, and throwing the plaintiff out and permanently injuring him — the nature of his injuries being described. The defendant’s employees neglected to blow the whistle or to check the speed of the train in approaching the crossing. Had they observed the legal requirements in these respects, the plaintiff would have been warned, and would not have undertaken to cross the railroad until after the train had passed. Wherefore, the plaintiff averred that, being entirely free from fault his injuries were caused by the negligent failure of the defendant’s employees to obey the law regulating the manner in which trains shall approach public crossings.
Section 708 of the code, which makes it the duty of a
Upon a former occasion, we investigated at some length various questions as to the rights of travelers upon public roads in connection with the duty imposed upon railroad companies to signal the approach of trains to crossings. We found that in most of the cases bearing upon the subject, it was held that persons using the highway and approaching railroad crossings, intend