SOUTHERN RAILWAY CO. v. LOMAX

40630.

109 Ga. App. 484 (1964)

136 S.E.2d 485

SOUTHERN RAILWAY COMPANY v. LOMAX.

Court of Appeals of Georgia.

Rehearing Denied April 2, 1964.


Attorney(s) appearing for the Case

Emory F. Robinson, Wheeler, Robinson & Thompson, B. Carl Buice, for plaintiff in error.

Oliver, Oliver & Gunter, Jack N. Gunter, contra.


HALL, Judge.

1. The amended petition alleged: Where Fourth Street in Mount Airy, Georgia, intersects the railroad tracks, the defendant was in exclusive possession and control of a right of way of approximately 200 feet. The place had for 20 years been a public crossing. One evening at about 11 p. m. the plaintiff was driving his automobile in a lawful manner and maintaining a careful lookout for his own safety. Suddenly and without warning, while following the course...

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