Elberton & Eastern Railroad v. Thornton

1. Under the rule that, except where an act is made negligent by statute or ordinance, it is error for the judge to instruct the jury as to what would constitute negligence, the following charge was error: “Every person operating a locomotive must use his natural faculties of sight and hearing for the protection of persons and property that might be crossing the railroad-traclc at any public crossing; and I charge you that in exercising his faculties of sight and hearing he must observe them at places and under circumstances as would make them effective; the extent to which a person operating…