Savannah & Northwestern Railway v. McCoy

1. When this case was formerly before this court on exception to the overruling of the general demurrer to the plaintiff’s petition (Savannah & Northwestern Railway v. McCoy, 17 Ga. App. 82, 86 S. E. 282), it was held: “ Conceding that the plaintiff had knowledge of the partial obstruction existing on or near the track, it appears, from the allegations in the petition, that the injury would not have resulted but for the intervening negligence of his coemployee, and it can not be judicially determined on the facts as alleged that the failure on the part of the *545plaintiff to anticipate and guard…