38 Ga. App. 446 | Ga. Ct. App. | 1928
The husband of the plaintiff was found dead by the “main-line track” of the railway of the defendant. She sued for damages, alleging in part that in the village of Dorchester there were two public-road crossings over the main-line track, distant from each other about 200 yards, and that “on either side of the
The motion for a new trial contains no special grounds except those in elaboration of the general grounds. The determination of every issue of fact is exclusively for the jury, and “whenever there is any evidence, however slight, to support a verdict which has been approved by the trial judge, this court is absolutely without authority to control the judgment of the trial court.” Bradham v. State, 21 Ga. App. 510 (94 S. E. 618). See Rogers v. State, 101 Ga. 561 (28 S. E. 978), from which the quoted ruling in the headnote is taken. In this case there is some evidence which would authorize the jury to find “that it was the duty of the employees of the defendant railway company to have anticipated the presence of pedestrians upon its track at the time and place of the homicide (Central of Ga. Ry. Co. v. Tapley, 145 Ga. 792 (3) (89 S. E. 841); Wright v. Southern Ry. Co., 139 Ga. 448-450 (77 S. E. 384).” Lowe v. Payne, 156 Ga. 312 (118 S. E. 924). There is evidence also from which the jury could infer that the deceased while walking along the right of way of the railway company had a sudden attack of illness which caused him involuntarily to “fall right down” and rendered him incapable of caring for himself and getting
Judgment affirmed.