55 Ga. App. 88 | Ga. Ct. App. | 1936
1. The allegation is sufficient to authorize the inference that a railroad company was guilty of negligence in allowing a string of dark freight-cars, at 11:30 o'clock on a dark, cloudy night, while there was “a fine mist of rain,” to remain standing on its track across a public highway and one of the principal highways in the county and city, inside the limits of a city of two to three thousand inhabitants, between two hundred and two hundred and fifty yards from the public square of the city, with no light, bell, or other warning sign indicating the presence of the cars across the highway, with no watchman guarding the crossing, where the cars remained standing over the crossing from twenty to thirty minutes in violation of an ordinance of the city prohibiting trains blocking the crossing for a period longer than five minutes.
3. In Brinson v. Davis, 32 Ga. App. 37 (122 S. E. 643), where the only condition in any way obstructing the driver’s view of the cars on the crossing was an arc light which blinded him and prevented his seeing the cars on the crossing, it was held that the driver of the automobile, who was driving only ten miles an hour, and who without seeing the cars drove the automobile against them, was guilty of negligence which caused his own injury. In Central of Georgia Railway Co. v. Adams, 39 Ga. App. 577 (147 S..E. 802), it was held that where the night was dark, foggy, and misty, and the driver of the automobile could not see the cars on the crossing at a distance greater than about twenty feet, he was guilty of negligence barring a recovery in operating the automobile at such rate of speed that when he applied his brakes the momentum of the automobile was so great that the automobile struck the cars with great force and stopped twenty-five feet off the road and was completely wrecked. In Tidwell v. Atlanta, Birmingham &
4. In a suit against the railroad company by a person traveling in the automobile, to recover for personal injuries received from running into the cars of the defendant on the crossing in a public highway, the petition set out a cause of action, and the court erred in sustaining a general demurrer. See Central of Georgia Railway Co. v. Heard, 36 Ga. App. 332 (136 S. E. 533); Mann v. Central of Georgia Railway Co., 43 Ga. App. 708 (160 S. E. 131); Gay v. Smith, 51 Ga. App. 615 (181 S. E. 129).
Judgment reversed.