Georgia R.R. & Banking Co. v. Cromer

• Court: Georgia Supreme Court
• Writing for the Court: COBB, J.
• Citation: Georgia R.R. & Banking Co. v. Cromer, 31 S.E. 759, 106 Ga. 296 (Ga. 1898)
• Decision Date: 19 November 1898
• Parties: GEORGIA RAILROAD & BANKING CO. v. CROMER. CROMER v. GEORGIA RAILROAD & BANKING CO.

31 S.E. 759

106 Ga. 296

GEORGIA RAILROAD & BANKING CO. v. CROMER.

CROMER v. GEORGIA RAILROAD & BANKING CO.

Supreme Court of Georgia

November 19, 1898

Syllabus by the Court.

Where a railroad crossing is in a populous locality, and is much used by the public, but the same is not within the limits of an incorporated city or town, and is not a part of a public road established pursuant to law, what rate of speed in approaching and running over such crossing would be negligence, and what signals ordinary care would require to be given, are matters to be determined by a jury according to the circumstances of each particular case.

Error from superior court, Greene county; E. H. Callaway, Judge.

Action by J. A. Cromer, administrator, against the Georgia Railroad & Banking Company. Judgment for defendant, and both parties assign error. Judgment on main bill affirmed, and cross bill dismissed.

Jos. B. & Bryan Cumming and J. B. Park, Jr., for plaintiff in error.

Saml. H. Sibley, for defendant in error.

COBB J.

Emma Parrott sued the Georgia Railroad & Banking Company for damages sustained by her growing out of the homicide of her husband by the defendant company. She died pending the suit and her administrator was made a party. The petition alleged that the deceased was driving a team of mules and a wagon upon the public road in the village of Union Point from the vicinity of the stores on the south side of the railroad crossing to the north side thereof; the crossing being a regular public crossing, 100 yards east of the depot of the defendant. As deceased approached the crossing, the railroad eastward was hidden from his sight for a distance of half a mile by two cottonseed warehouses erected on the right of way with the knowledge and consent of the company, and by bushes left growing on the right of way, and by a freight car left standing near the crossing and the seed houses. No train was due from the east at the time that deceased started to cross the track, and his attention was fixed upon another train of defendant, which was shifting near the crossing, and to the westward of it. Just as the deceased got upon the crossing a train approached from the east, 30 minutes behind its schedule time, running at the rate of 30 miles an hour. There is no blow post erected at said crossing, and in approaching the same no signals were given, and the speed of the train was not slackened. The collision between the engine of the train and the wagon upon which deceased was riding occurred upon the crossing. It is alleged that "said homicide of her husband was due to the gross negligence of said company in permitting said bushes and houses and freight car to thus obstruct the approach to said crossing, in not having a signal post therefor, in running said train at said high rate of speed in the limits of a town and across a public crossing, and in making no sound or signal in approaching thereto to warn travelers upon the highway." Upon the trial it appeared that Union Point was an unincorporated village, having about 1,000 inhabitants; that the residence portion of the village was on one side of the railroad, and the business houses on the other; and that the crossing in question, which goes from the north to the south side of the town, is the only crossing immediately within the settlement and is the one which is used by the inhabitants of the village in passing from one side of the town to the other that deceased at the time that he was killed was going from the south to the north side of the town, that to the east of the crossing, and on the south side of the track, were two cotton-seed houses, about 12x20 feet each; and that a freight car was between the crossing and the seed houses. The car was on a side track between the seed houses and the main line. The seed houses are from 40 to 50 yards from the crossing. The main line is straight for a half mile to the east. The seed houses and...