112 Ga. 846 | Ga. | 1901
J. M. Pitts brought suit against the Florida Central and Peninsular Railroad Company, for damages on account of personal injuries alleged to have been sustained through the negligence of the defendant, in providing unsafe and defective machinery for the plaintiff, who was its fireman, and in allowing its road-bed to become worn, defective, and dangerous. The defendant filed an answer, denying the material allegations of the petition, and pleading that the plaintiff, in consideration of one dollar, had released it from' all obligation on account of the injury for which suit was brought. It appears that the plaintiff and his engineer were engaged, at the time of the injury, in taking an excursion-train of the defendant from Fairfax to Savannah, and, in the effort to get to Savannah before the train of a rival railroad, exerted themselves to run their train at the highest possible rate of speed. The plaintiff knew that certain portions of the track were in a very bad condition, having seen men at work repairing the defects the day before the accident. While running at this very high rate of speed, a part of the machinery of the engine known as the parallel bar suddenly
Judgment reversed.