
    Georgia Southern & Florida R. R. Co. v. Williams.
    1. Where a mule attached to a wagon being driven along a public road in the direction of a railroad crossing ran away, reached the crossing, and, finding the same obstructed by a passing train, swerved aside and ran parallel with the railroad for one hundred and fifty yards, and getting ahead of the train, attempted to cross in front of it at a private crossing, and the driver was killed by the train colliding with the wagon, there was no cause of action for the homicide, notwithstanding the servants of the company violated the statute in running too fast upon and in approaching the public crossing, and in not blowing the whistle as required by the statute, this violation not being the proximate cause of the injury, it appearing by the evidence that those in charge of the train did all they could to stop after they discovered the mule was in the act of running away.
    2. The court erred in not granting a new trial on the merits, irrespective of the alleged errors complained of in the motion for a new trial.
    January 8, 1894.
    Action for damages. Before Judge Bartlett. Bibb superior court. April term, 1893.
    Gustin, Guerry & Hall, for plaintiff in error.
    Preston & Giles and J. L. Hardeman, contra.
    
   Judgment reversed,.  