Underwood v. Atlanta & West Point Railroad

Hall, Judge.

We turn first to the trial court’s sustaining of the defendant’s demurrers to allegations in the petition of provisions of an ordinance of the City of Atlanta (Code of the City of Atlanta, 1953, § 48.2) and of negligence per se based on defendant’s violation thereof. The ordinance provides: “Sec. 48.2. Protection at grade crossings to be provided. It shall be the duty of every person operating trains across grade crossings in the City to provide at each such grade crossing complete public safety from danger from approaching trains for all persons using the streets at such…