Atlanta & West Point Railroad v. Armstrong

Deen, Presiding Judge.

1. The defendant’s first enumeration of error challenges the trial judge’s charge to the jury on the duty to stop at a railroad grade crossing. The applicable law at the time of the accident was Code Ann. § 68-1661 (c) (repealed by Acts 1974, pp. 633, 691): "Whenever any person driving a vehicle approaches a railroad grade crossing, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad, and shall not proceed until he can do so safely, when: (c) An approaching train is plainly visible and is in hazardous…