113 Ga. 374 | Ga. | 1901
It appears from the record that, on the application of a landowner, the authorities of the Macon and Birmingham Railway Company built a private way over its track for the accommodation of the landowner and his tenants. At the place where this way was built there was a cut ten or fifteen feet deep, the banks being cut down so as to make this private Crossing. There was a considerable curve in the railroad track about the place where the crossing was built. The plaintiff led a mule over this private way, and, after having crossed the railroad track, went eight or ten steps beyond and stopped for some purpose not disclosed by the record. While he was standing there holding the mule by the bridle, a train of the defendant company came suddenly through the cut. The mule, becoming frightened hy the rumbling of the train, commenced to back toward the track. The plaintiff, according to his evidence, did all he could to keep the mule off the track, but did not succeed. The mule backed upon the track where the engine struck and killed it. Plaintiff brought action against the company for the value of the mule. There was a verdict for the defendant, and the plaintiff moved for a new trial. The motion was overruled, and he excepted.
Judgment affirmed.