Central R. & Banking Co. v. Denson

In Central R. & Banking Co. v. Denson, 84 Ga. 774 (11 S.E. 1039) (1890), plaintiff's decedent was a deaf man walking on a railroad track, and the railroad company's employees could have seen him for 400 yards before they reached him but gave no warning of the train's approach nor made any attempt to slow the train until it was within a few feet of the deceased. Interestingly, Denson also establishes that where a person present on a railroad track is an adult not known to be laboring under a mental or physical handicap, operators of a train are entitled to assume that he will take action to avoid injury. Liability for wantonness attaches only where the train operator makes no attempt to avoid injury even after this assumption proves unfounded. In Carr v. John J. Woodside Storage Co., 217 Ga. 438 (123 S.E.2d 261) (1961), a drunk driver operated his vehicle at an excessive rate of speed and failed to slow down at an intersection although he noticed a warning sign.