Georgia Northern Railway Co. v. Dalton

The majority opinion holds that as a matter of law there is no evidence of negligence on the part of the defendant. It bases this finding on certain facts, all of which are controverted. Railroad employees testified that bell and/or whistle were sounding, but there is contrary evidence that the plaintiff was looking and listening and did not see or hear the train. This makes a jury issue on this question. Climer v. Southern R. Co., 43 Ga. App. 650 (159 SE 782). "Where a number of witnesses testify positively that a train whistle was blown on the occasion in question, and plaintiff, suing by…