McElroy v. Georgia, C. & N. Railway Co.

Simmons, Chief Justice.

McElroy sued the railway company for personal injuries, predicating his suit upon section 708 of the code, the only negligence alleged against the defendant being the failure of its servants to comply with the requirements of that section in not blowing the whistle and checking the speed of the train in approaching a public crossing. It appeared from the evidence at the trial, that the crossing was one where the railroad crossed the public highway upon a bridge or trestle ten or fifteen feet above the highway. At' the conclusion of the plaintiff’s evidence, the court,…