101 Ga. 66 | Ga. | 1897
The plaintiff in her petition alleged, that while being driven in a cart along a public highway running parallel with the defendant company’s railway-track, an “ elec
As a witness in behalf of the railway company, its motorman testified: “ This car had been taken down; the motor had been burned out, and had put in a new motor in it. The cause of that loud unusual rattling noise was, we put a new motor in it, and the shaft that goes through the armature. There is a pinion about that size ; the pinion works in the car-wheel in the
In this connection, the trial judge instructed the jury as follows : “I further charge you there is no evidence in this case which will authorize you to find that the defendant is liable for the plaintiff’s horse becoming frightened. Therefore, if you believe the horse became frightened at the car of the defendant, I charge you, on the evidence of this case, the defendant would not be liable for the horse’s becoming frightened, or any injuries resulting therefrom, unless the .evidence should establish to your satisfaction that the defendant was guilty of some negligence after the horse became frightened.”
We do not wish to he understood as holding that a railway company will be legally responsible for producing noises which are merely unusual, or greater than is customary in the running of its cars. The company may not have been making any more noise than it had a legal right to make. “It is only where the company’s servants make unusual and unnecessary noises in the running of their trains, and where no necessity for the making of such noises is made to appear, that it is liable for injuries done in consequence of such needless and unusual noises. ” Morgan v. Central Railroad, 77 Ga. 793. Nor do we mean to intimate that there can he any question as to the right of a railway company to repair its cars when necessary or for any reason desirable, substituting new parts for those which have become worn and unserviceable. If such re
Judgment reversed.