4 Ga. App. 149 | Ga. Ct. App. | 1908
Witt recovered' a verdict against the railway company for the homicide of his son, who, at the time of the casualty which produced his death, was employed by the company as -a section hand. The deceased, according to the theory of the plaintiff, encountered his injuries thus: He was engaged in propelling a lever car, when a tool fell off. The foreman directed him to apply the brake. To apply the brake it was necessary to step upon an upright rod, flat-capped at the top, which, through a system of connected levers, threw the brake-shoes against the wheel. Prior to the accident the washers or padding on these brake-shoes had become much worn, and much force was required to create such friction between the brakes and the wheel as to stop the -car. Shortly prior to the time of the casualty the foreman had caused the brakes to be repaired, and too much padding was put on the shoes; so that when the deceased, in obedience to the foreman’s direction to apply the brakes, stepped on the cap at the top of the rod, the brakes came on with such sudden force and excessive friction that the wheels were locked, and a severe jolt of the car was occasioned. This threw the deceased against the moving lever by which the car
TJpon a full review of the whole record, we find no reversible error. The charge of the court was a full, fair, and comprehensive presentation of the principles of law involved; indeed, it is one of the concisest and clearest charges we have ever had occasion to review in a case of this character. The evidence, though conflicting, apparently preponderated in the plaintiff’s favor; and the recovery, though not small, was not excessive, under the evidence.
Judgment affirmed.