Hadaway v. Southern Railway Co.

“In this State it is not per se negligent for one not aware of the approach of the train to attempt to cross the track without stopping, looking, or listening.” Bryson v. Southern Railway Co., 3 Ga. App. 407 (3) (59 S. E. 1124). In this suit for damages against a railroad company for personal injuries sustained by the plaintiff at a public crossing, in a collision between a train of the defendant and an automobile driven by the plaintiff, where from the evidence the jury could have inferred that the plaintiff stopped his vehicle about forty feet from the railroad-track and waited for one…