124 Ga. 836 | Ga. | 1906
A suit for damages was instituted in the name of B. L. Harper against the Central of Georgia Bailway Company, he having sustained a personal -injury while in its service in the capacity of “order clerk.” It appears from the petition, that he had duties to perform in the company’s general yard-office at Savannah, being employed to carry messages and to do like service, but having no connection whatever with the operation of trains. Several tracks belonging to the company cross Bay street. On one side of this crossing is located its general yard-office, while on the opposite side is a smaller building, also used as an office. On the night of September 27, 1904, Harper, who was subject to the orders of the trainmaster, was directed to go from this building to the general yard-office for the purpose of there using a telephone and procuring certain information with reference to the handling of cars. He started to cross the Bay street crossing, and while undertaking to do so was run over and seriously 'injured by á switch-engine, which he alleges did not have a proper headlight, and which crept noiselessly upop him in the dark before he was aware of its presence. He further complains, that the company’s watchman at the crossing negligently failed to take any steps to protect him; that the employees in charge of the engine failed to check it as it approached the crossing, or to give any signal of its approach, or to maintain a proper lookout; that the engine was run at a speed of from twelve to fifteen miles an hour, in violation of a city ordinance; that an employee on the footboard of the engine observed his perilous situation on the crossing, but wantonly failed to take any measure to save him; and that after he was stricken, the company’s servants continued to move the engine, and he was dragged some forty or fifty feet, notwithstanding the engine could have been stopped within a much shorter distance. He alleged that as a result of the injuries received his mental functions had been greatly impaired. The truth of this allegation was shown at the trial by the testimony of physicians who had attended him since his injury. Hpon this testimony, as well as upon that of Harper himself and his general appearance and conduct in court, the defendant com
The plaintiff’s employment related to the movement of the trains in the yards of the railroad company, and the trial judge properly treated him as a coemployee relatively to the employees in charge of the train which inflicted the injury. Being an employee, it was incumbent on him to prove either that he was free
Judgment affirmed.