Atlantic Coast Line Railroad v. Fulford

1. In this action against a railroad company for the homicide of the plaintiff’s husband, who, when walking on the railroad-track, was struck and killed by the defendant’s locomotive, the petition alleges, not that the defendant’s servants killed him wilfully or wantonly, but that the “agents in charge of the defendant’s locomotive could have discovered the presence and perilous position of petitioner’s husband and avoided killing him,” and that the homicide was negligent. See, in this connection, Thomas v. Georgia Granite Co., 140 Ga. 459 (1) (79 S. E. 130). In such a case, if the decedent…