RILEY v. CENTRAL OF GEORGIA RAILWAY COMPANY

42188.

114 Ga. App. 302 (1966)

151 S.E.2d 166

RILEY, by Next Friend v. CENTRAL OF GEORGIA RAILWAY COMPANY.

Court of Appeals of Georgia.

Decided September 6, 1966.

Rehearing Denied September 20, 1966.


Attorney(s) appearing for the Case

Vincent P. McCauley, for appellant.

Hatcher, Stubbs, Land & Rothschild, Albert W. Stubbs, for appellee.


PANNELL, Judge.

1. Though a standing railway train be an unauthorized obstruction of a public crossing, a person attempting to pass between the cars, if injured thereby in consequence of a sudden movement of the train, cannot recover unless the engineer, conductor, or some other person having control of the train's movements, knew of his attempt to cross or had notice of his exposure to danger. The failure to have someone at the crossing, in the absence of an allegation...

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