Southern Railway Co. v. Newman

Jenkins, Justice.

1. The pleadings and a statement of the facts are sufficiently set forth in the opinion rendered by the Court of Appeals in Newman v. Southern Railway Co., 57 Ga. App. 70 (194 S. E. 237), to which reference is made.

While movant contends that, in accordance with the rules under which the section crew were working, it should have been held as a matter of law that the decedent assumed the risk of any negligence by the engine crew in failing to stop or slacken its speed after one of them actually saw the section crew in its perilous position, we can not agree to this contention,…