39 Ga. App. 393 | Ga. Ct. App. | 1929
1. Where a railroad-train approaches a crossing which, with knowledge of the railroad company, is well traveled, the railroad company is under a duty to take such precautions in the operation of the train as ordinary care would require, to avoid injury to any one who might attempt to cross the railroad-track at the crossing.
2. It is a question of fact whether the railroad company is negligent in operating its trains when approaching such a crossing, where the railroad company fails to keep a lookout ahead for persons who might be upon the crossing or fails to give an alarm by the ringing of the bell or the blowing of the whistle, or without regulating the speed of the train or without having the train under control. Western & Atlantic R. Co. v. Reed, 35 Ga. App. 538 (134 S. E. 134), and cit.
3. Other than the general duty resting upon a railroad company so to operate its train with ordinary care when approaching a crossing which the railroad company knows to be a well-traveled crossing, the company owes no particular duty to exercise any degree of care in the operation of the train so as to avoid injury at the crossing to a particular person, where, from the circumstances, the company does not know, or in- the exercise of ordinary care could not reasonably anticipate, that the person would likely come upon the crossing, or come into a situation where he would likely be injured by coming in contact with the train.
4. Where a person is traveling in an automobile truck about two hundred yards ahead of a moving train and in the direction of the crossing on a public highway which parallels the railroad-track, and where, by
5. The petition set out a cause of action and was good as against the general demurrer, and, except as indicated above, was good against the special demurrer. The court erred in not sustaining the special demurrer, upon the ground that the railroad company owed no special duty to the deceased, under the circumstances, to take the precautionary measures which the plaintiff alleged the defendant negligently failed to . take. Judgment reversed.