136 Ga. 440 | Ga. | 1911
The Wadley Southern Railway Company constructed a side-track upon its main line to serve the interests of a patron of the road, who was operating a sawmill. The railroad company delivered empty cars and received' the loaded cars on this siding, which was protected by a switch. The keys to the switch were carried by the employees of the railroad company. The employees of the sawmill firm forced out a staple in shifting the cars on the side-track, for their convenience, and left the switch in an unclosed condition; and a passenger-train ran into the switch and collided with the freight-cars, and the shock of the collision threw the plaintiff, a passenger, against a forward seat, loosening her teeth and otherwise injuring the jaw. The same train had passed along at this point at two o’clock, and was on its return trip at about seven o’clock, after dark, when it ran into the open switch. The switch was not protected by any light or other device to warn the engineer or others upon the train whether it was open or closed. The plain