121 Ga. 220 | Ga. | 1904
Owen, a laboring naan in the city of Macon, after the close of his day’s work, started down Elm street for the purpose of obtaining articles of food for his supper.' He found the street obstructed by a train of the defendant company. He waited twenty or twenty-five minutes, but the train did not move. He then went around the block to where the track crosses Ash (the next) street, but found that street obstructed by the same train. He waited at this crossing for another twenty or twenty-five minutes. . Being desirous of crossing in order to obtain the food for his supper, he undertook to go around the end of the train which was nearest Ash street. After he had gotten around the end of the train, he heard and saw another- train approaching him on another track very near to and parallel with that on which stood the train around which he was attempting to go. He stepped back around the latter train to avoid the one which was approaching, fell into an open ditch, and broke his leg. On the trial of an action instituted by him against the railroad com' pany, he testified that he exercised ordinary care in attempting to go around the end of the train. The evidence for the plaintiff made- out substantially the case stated above. The evidence for the defendant tended to show, 1st, that no train, belonging to it, had or could have remained on the crossings for the length of time stated by the plaintiff, or been there at all at that time; 2d, that- the plaintiff was not in the exercise of ordinary care in going around the end of the train, as he was thoroughly familiar with the locality in which he was hurt; and 3d, that he was not hurt upon the tracks of the defendant, but must have fallen in a ditch upon the property of another railroad company, whose track was adjacent to those of defendant. The case was submitted to a jury, under the charge of the Court, and a verdict was returned in favor of the plaintiff. A motion for a new trial was made by the defendant, upon the grounds that the verdict was contrary to law and the evidence. The court overruled the motion, and the movant excepted.
Under the evidence for the plaintiff, which the jury evidently believed, we think the verdict was right and should not be set aside. According to the plaintiff’s evidence, the railroad company obstructed two public streets in the city of Macon for more than forty minutes. This obstruction seems to have been needless and