Howard v. Augusta Southern Railroad

Linton Howard, by next friend, sued the Augusta Southern Railroad Company to recover damages for personal injuries. The court sustained a general demurrer to his petition; and error is assigned on this ruling. The petition, in substance, is as follows: On March 30, 1908, plaintiff was walking in a northerly direction on a side-track of the defendant company, at a place nearly opposite its depot at ICeysville, Georgia. He was aware of the proximity of defendant’s train in said locality, but, for the reason that immediately prior to the time of the injur3r he had noticed the train back down to…