Court of Appeals of Georgia June 29, 1909, 1719 (Western & Atlantic Railroad v. Henderson)

Powell, J.

1. Under a statute of this State (Civil Code, § 2297), the plaintiff wras entitled to the degree of protection due a passenger, as against the Seaboard (Carswell v. Macon R. Co., 118 Ga. 826, 45 S. E. 695; Southern Ry. Co. v. West, 4 Ga. App. 678 (62 S. E. 141)), though probably not so as to the W. & A. There was, however, ample testimony to establish the individual negligence of the W.