Georgia Railroad & Banking Co. v. Clary

The charge set out in the headnote is clearly erroneous when taken in connection with the facts disclosed in the record. Relatively to a person or thing on a railroad-track, one hundred and thirty-five yards beyond the crossing, it is not negligence per se for the servant of the railroad company to .fail to check the train and blow the whistle before arriving at the crossing. Air-Line R. Co. v. Gravitt, 93 Ga. 369; Central R. Co. v. Golden, Ibid. 510. A failure to check the train and to blow the whistle is admissible in evidence and may be considered by the jury, as was held in both of the…