Savannah & Atlanta Railroad v. Ward

Jordan, Judge.

This was a suit by the plaintiff to recover damages for personal injuries sustained by him when the truck he was driving was struck by a train at a public crossing. The jury returned a verdict for the plaintiff, and the trial court denied the defendant’s motion for new trial which contained the general grounds only. The exception is to that judgment. Held:

The evidence in this case disclosed that the defendant railroad was guilty of negligence per se in that its engineer failed to begin to blow the locomotive’s whistle upon reaching the 400 yard blowpost as required by Code Ann.…