CHARLESTON &c. RAILWAY CO. v. HEATH

39783.

107 Ga. App. 23 (1962)

129 S.E.2d 92

CHARLESTON & WESTERN CAROLINA RAILWAY COMPANY et al. v. HEATH.

Court of Appeals of Georgia.

Rehearing Denied November 15, 1962.


Attorney(s) appearing for the Case

Cumming, Nixon, Eve, Waller & Capers, Joseph B. Cumming, for plaintiffs in error.

Randall Evans, Jr., contra.


CARLISLE, Presiding Judge.

Plaintiff's son, age 10 years, was injured when he rode his bicycle into the side of the fourteenth car of defendant's freight train which was at the time proceeding across a public crossing near plaintiff's home. The evidence shows that this collision occurred at about 5:30 in the afternoon in clear daylight on September 28, 1959. In his petition plaintiff alleged that the defendant was negligent in maintaining the crossing in a dangerous...

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