98 Ga. 543 | Ga. | 1896
This was an action against the receivers of a railroad company to recover for the homicide of the plaintiff’s husband, who was run over by a train operated by the defendants, while he was attempting to cross the track of the railroad. The collision occurred about a mile from the city of Columbus at a place where the railroad was crossed by a road which was used to a considerable extent by the public, but which was not a public road established in the mode prescribed by law. This being so, the provisions of .section
This distinction is also to be taken into consideration when we come to consider the conduct of persons attempting to cross the railroad at such places. Where the crossing is one to which the statutory requirements above referred to are applicable, a person about to cross has a right to expect that the railroad company, in the running of its trains, will comply with these requirements; and his reliance upon the discharge of its duty in the premises may in some degree excuse a want of full diligence on his part in looking out for the approach of a train. Where, however, the statute is not applicable, a person about to cross must assume a greater burden of care than he would be. required to assume if the crossing were one to which the statute applied.
Under the circumstances disclosed by the evidence in this case, we think the deceased was clearly wanting in ordinary care for his own safety. It appears that the train was running about a regular schedule, and that on the occasion in question it was approaching the crossing.on schedule time and at the usual rate of speed; and that this schedule had
Under this state of facts we think it is clear that whether the defendant was negligent or not in respect to speed or signals before the deceased was discovered upon the track, the deceased was himself so far wanting in ordinary care as to render a verdict in favor of the plaintiff improper. It is unnecessary to deal specifically with the numerous grounds of the motion for a new trial, since the only proper result of the case would have been a verdict for the defendants. Judgment reversed.