Rome Railroad v. Barnett

The plaintiff’s allegations may be seen by reference to a former report of the case. 89 Gta. 718. The last trial resulted in a verdict for the plaintiff, and defendant’s motion for a new trial was overruled. The main witness for the plaintiff was Joe Herrick, who was fireman upon the engine that killed Barnett. According to his testimony, the engineer was aware of Barnett’s presence in time to avoid injuring him, but gave no signal or warning, and made no effort to check the engine, but recklessly or willfully ran it forward. As to testimony in conflict with that of Herrick, see the fifth…