ELLIS v. SOUTHERN RAILWAY COMPANY

36839.

96 Ga. App. 687 (1957)

101 S.E.2d 230

ELLIS v. SOUTHERN RAILWAY COMPANY.

Court of Appeals of Georgia.

Judgment Adhered To On Rehearing November 18, 1957.


Attorney(s) appearing for the Case

Isaac C. Adams, Adams & McDonald, for plaintiff in error.

R. Carter Pittman, Pittman, Kinney & Pope, contra.


QUILLIAN, J.

1. The plaintiff contends that the trial court erred in excluding the testimony of a witness, J. D. Noble: "The fireman told me that he saw, — well, this is the statement he made: `I saw the man sitting on the track in the slumped over position,' and he said he just saw the man in a slumped over position and that the man heard the train and turned and looked and it was too late; he made an effort to move. He said he heard the train coming and started...

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