Hoover v. Seaboard Air Line Railroad

Russell, Judge.

1. Assuming that actionable negligence is alleged by those allegations of the petition asserting that the defendant was violating the speed limit and the defendant maintained buildings obscuring the visibility of persons approaching the crossing and that the engineer failed to exercise due care under the circumstances (including failure to signal the approach of the train) to avoid injury to a vehicle stalled on the track (Southern R. Co. v. Lambert, 106 Ga. App. 691, 695, 128 SE2d 87), the plaintiff is still not entitled to recover if, by the exercise of ordinary care for his…