88 Ga. 210 | Ga. | 1891
Judgment affirmed.
W. D. Wolf, a minor, by his father as next friend, sued the railway company for damages from personal injuries, and the father sued for loss of services, etc. of his son. The cases were heard together. After the introduction of evidence for the plaintiffs, the court granted a nonsuit, to which grant, and to the rejection and admission of certain testimony hereafter mentioned, the plaintiffs excepted.
The testimony of W. D. Wolf was to the following effect: lie was front brakeman on the south-bound train of defendant which stopped at Sugar Yalley, a station on defendant’s road, after dark in December, 1889. He got down, went back towards the caboose on the west side of the track and met the conductor, who told him to cross over and come down on the other side and look for hot boxes, which he did. He then went to a store at the station, about sixty feet from the track, on his own business, and while there the engineer rang the bell, and he went out and caught the
From the testimony of two other witnesses it appeared : The steps were knocked off the mail crane about the time of the injury; they were off the next morning. There are five or six cranes at stations between Dalton and Rome, Sugar Valley being one of the stations. The proper distance of the crane from the track is three feet nine inches from the outside of the rail. The space between the box and steps and an ordinary freight-car is about twenty-two inches; an ordinary size man could walk between without any trouble. Both witnesses had seen persons swing on the ladders on the outside of the cars and pass this crane without being struck, and neither had heard of any one but plaintiff being hurt by a mail crane. The crane or box is on two cross-ties, and a man must step over the ties, either between the box and cars or between the box and bank, in order to look for hot boxes, and there is a ditch about four and a half feet deep over which cross-ties extend. One of the witnesses thought a man with two good eyes and a lantern could not pass there without seeing the mail crane, the top of the bank was too far off to look for boxes; and the other, that a man would have some little trouble in passing around that mail crane because of the embankment, but could go between a crane and a ear; and further stated that you have to, notice the ties on which the crane stands as you go over them^ and he did not see how any one could pass without seeing the crane. These witnesses were asked, on cross-examination, if a brakeman with his lantern could pass the crane and not see it. To this the plaintiffs objected as a matter in issue and to be determined by the jury, but the objection was overruled.