84 Ga. 363 | Ga. | 1890
The minor children of Jackson Wood, by their next friend, brought their action against the railroad com
The defendant demurred to this declaration upon the ground that it set out no cause -of action. The court sustained the demurrer and dismissed the case, and plaintiff excepted.
Under the facts alleged in this declaration, we think the court erred in sustaining the demurrer to the same and dismissing the case. We cannot say as a matter of law that the facts alleged in the declaration do not constitute negligence on the part of the defendant. We think the court should have submitted the facts to the jury, and allowed them to determine whether it was negligence on the part of the defendant in locking the privy door and having no place prepared for its passengers to attend to calls of nature; in sending all of its servants and agents away from the car so that the water-closet or privy could not be unlocked, and in stopping the car over a cut twenty feet in depth without giving notice to the passengers of the danger to which they would be exposed if they attempted to leave the car. If these facts are established on the trial of the case, we are inclined to think that the jury could infer negligence therefrom, and that the defendant would be liable. Judgment reversed.