Baston v. Georgia Railroad

Jackson, Judge.

The single question made by this record arises upon a demurrer to the plaintiff’s declaration, which demurrer was sustained and the action dismissed.

The declaration was to the effect that the plaintiff was upon defendant’s line of railway by its consent, walking on the track at a certain point, about nine o’clock at night, when defendant’s train of freight cars came behind him in the dark ; that he stepped some six or seven feet from the track on one side, far enough ordinarily to be secure from danger from the running of the train, but was prevented from getting still further…