CENTRAL OF GEORGIA RY. CO. v. TYSON

34025.

86 Ga. App. 122 (1952)

70 S.E.2d 914

CENTRAL OF GEORGIA RAILWAY COMPANY v. TYSON.

Court of Appeals of Georgia.

Rehearing Denied May 9, 1952.


Attorney(s) appearing for the Case

Whitman & Whitman, Erwin Sibley, A. R. Lawton, for plaintiff in error.

Smith, Field, Doremus & Ringel, Alex Smith Jr., contra.


FELTON, J.

1. The defendant contends that the petition, properly construed, shows that the injuries received by the plaintiff were proximately caused by his own negligence. To support such contention it argues: that the plaintiff did not allege whether the crossing was a safe or unsafe crossing, therefore it must be assumed that the crossing was properly marked with warning signs warning motorists of the crossing; that either the plaintiff saw the signs and disregarded...

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