Savannah & Atlanta Railway v. Hart

This was a suit for damages alleged .to have been occasioned by the defective condition of cattle-guards erected by the defendant railway company at the intersection of its tracks and an alleged private road or way. It is conceded in the brief of counsel for the railway company that in such a suit it is immaterial whether the notice to build cattle-guards required by the Civil Code (1910), § 2699, was given where they were voluntarily built by the railroad company without such notice, at a public road, “or private way established pursuant to law.” Hnder this concession and the facts of the…