
    Lee v. Comer, receiver.
    August 12, 1895.
    Action for damages. Before Judge Griggs. Quitman superior court. September term, 1894.
    John W. Lee with his wife and others went to the railroad station at Georgetown, just before daylight on November 1, 1892, to fake the train for Columbus. This train did not stop at Georgetown, unless waved down. There was a road crossing at the station, which was kept up by the railroad company. After reaching the depot, Lee went back across the railroad track to drive home a dog that had followed them; and while there, became engaged in a conversation with another man. When the train was about 300 yards from the depot, one Davidson waved his lantern at it, standing upon the track, to which signal the engineer responded by the usual blowing of the whistle for stopping. Davidson called to Lee to hurry, and Lee started back across the track, but was struck by the train, knocked eighty or ninety feet and killed. The train ran about 200 yards beyond the depot before it stopped, and fhen backed to the depot. It was on a down grade as it was approaching when waved down. Suit was brought for the homicide, and the plaintiff was nonsuited.
   Simmons, C. J.

It plainly appearing from the evidence that the plaintiff’s husband met his death because of a total disregard of his own safety, and that by the exercise of even slight care he might have avoided the catastrophe which resulted in his death, the judgment of nonsuit was.right. Judgment affirmed.

G. L. Comer and M. C. Edwards, Jr., by W. M. Harper, for plaintiff.  