Bassett v. Callaway

Was the defendant negligent ? The mere blocking of a public crossing at night is not negligence. Unless some reason appears which required the railroad to provide one or more of the extraordinary precautions set forth in the petition, no negligence on the defendant’s part is shown. As amended .the petition shows that Col. Bassett had a straight stretch of road between him and the railroad crossing for a distance of one hundred yards. In the absence of an allegation that Col. Bassett was not familiar with the crossing it may reasonably be presumed that he was. Central of Georgia Railway Co. v.…