20 Ga. App. 295 | Ga. Ct. App. | 1917
1. In a suit for damages against a railroad company for the negligent homicide of plaintiff’s husband, the petition as originally filed alleged that “the defendant railroad company failed to comply with section 2675 of the Civil Code, in that, while running its fast north-hound mail-train past the said Red crossing at the time of the injury complained of, it failed to have its engineer begin to blow his whistle four hundred yards from the public-road crossing, and to continue to blow the same until reaching the crossing, and in that the said engineer failed to check the speed of said train,” etc. By amend*
2. The remaining grounds of demurrer are without merit. As the judgment of the trial court is reversed on account of the error in ruling upon the question raised by the demurrer, we will not deal with assignments of error relating to matters that may not recur on another trial.
3. The trial court did not err in refusing to dismiss the motion for a new trial filed by the plaintiff in error in the main bill of exceptions.
Judgment on main hill of exceptions reversed; on eross-bill affirmed.