Atlanta, Birmingham & Coast Railroad v. Hutcheson

Where those in charge of running an engine on the tracks of a railroad company, which are not laid upon the public streets or highways, see apparent danger to persons on an adjacent and parallel highway, it then becomes their duty to use reasonable and practical care to prevent injury. Southern Railway Co. v. Flynt, 2 Ga. App. 162 (supra). Applying this rule of law to the allegations of the petition, I do not think that the judge erred in overruling the general demurrer.