Yancey v. Southern Railway Co.

99 Ga. App. 493 (1959)

109 S.E.2d 300

YANCEY

v.

SOUTHERN RAILWAY COMPANY.

37612.

Court of Appeals of Georgia.

Decided April 24, 1959.

Rehearing Denied May 6, 1959.

Bullock, Yancey & Mitchell, for plaintiff in error.

Matthews, Maddox, Walton & Smith, John W. Maddox, contra.

TOWNSEND, Judge.

1. As a matter of law, the presence of a piece of gravel on a railroad crossing is not negligence and the trial court did not err in sustaining the special grounds of demurrer wherein this matter was alleged as a basis for recovery. The presence of a piece of gravel is alleged elsewhere in the petition and is material…