Central of Georgia Ry. Co. v. Lee

The action is under the Homicide Act (Code 1923, § 5696).

The case went to the jury on a count charging negligence after discovery of the peril of plaintiff’s intestate.

The assignments of error here insisted upon are the refusal of the affirmative charge requested by defendant, and refusal of the motion for a new trial as opposed to the great weight of the evidence.

Without question, deceased was a trespasser on defendant’s track when killed by a passing train.

There was no duty to keep a lookout for him. The burden was on plaintiff, not merely to show his presence upon the track was discovered,…