88 Ga. 60 | Ga. | 1891
It will also appear from the foregoing authorities, and is entirely consistent with every-day experience, that a female passenger in a public hack may trust that the driver thereof will exercise proper caution and diligence in avoiding collisions with railroad trains or other things which would naturally result in injury to the vehicle or its occupants. If such driver were drunk, plainly incompetent to -manage his team or manifestly reckless, or if for any other reason it was apparent to the passenger that she could not safely rely upon him, probably the duty would be upon her to supervise his conduct, and compel him, if possible, to observe the requirements of ordinary care and prudence in the management of his vehicle, or else, leave the same. No reason why the plaintiff should do either appeared in this case, and we therefore think she was under no obligation to' overlook or undertake to control the driver’s movements, or get out of the hack.
The case of Morgan v. Central R. R., 77 Ga. 788, even if correct in holding that section 708 of the code does not apply to trains operating between points where blow-posts are or should be located, and public crossings, is not applicable here, because in that case the injury did not take place in a city, town' or village, and the case