127 Ga. 8 | Ga. | 1906
Assuming that the jury 'would have found that the place where the deceased was killed was so frequented by pedestrians as to afford reason for the engineer to anticipate their presence, what, then, did he do-in the performance of his duty towards the deceased? There was evidence to the effect that the train was light, and, for that reason, not quick to stop. It was down grade and the track slick with dew. The speed was fifty miles an hour. From the evidence of the engineer it appears that he saw the deceased as soon as, under surrounding conditions, it was possible to do so. He gave the danger signal, immediately saw that the deceased was not responsive'; immediately applied his brakes, and did all that was possible to stop before reaching the deceased. Although his engine and equipments were in perfect condition, it struck the deceased and passed 150 to 200 yards beyond, before it was possible to come to a stop. Can it be said that at this particular time and place and under these particular conditions, with reference to the deceased, the engineer was in the exercise of all ordinary and rea
Judgment reversed.