[104]. Statement abridged.
[105]. 59 N. J. Law, 474.
[106]. Actiesselskabet Ingrid v. Central R. Co., 216 Fed. 72; Huneke v. West Brighton Amusement Co., 80 App. Div. 268; De Glopper v. Nashville R. Co., 123 Tenn. 633 Accord.
[107]. Statement abridged. Part of opinion omitted.
[108]. Carpenter v. Walker, 170 Ala. 659; Miller v. Fletcher, 142 Ga. 668; Zabron v. Cunard Co., 151 Ia. 345; Randolph v. Snyder, 139 Ky. 159; Springfield Egg Co. v. Springfield Ice Co., 259 Mo. 664; Hales v. Raines, 146 Mo. App. 232, 239; Robinson v. Threadgill, 13 Ired. Law, 39; Hobbs v. Smith, 27 Okl. 830 Accord.
[109]. The opinion of Lord Esher, M. R., is omitted.
[110]. The settled practice allows an action against a carrier either upon contract or upon tort, as best suits the purposes of the pleader. 3 Hutchinson, Carriers (3d ed.), § 1325.
[111]. Sect. 2222. “There must be fixed on the line of said roads, and at the distance of four hundred yards from the centre of each of such road crossings, and on each side thereof, a post, and the engineer shall be required, whenever he shall arrive at either of said posts, to blow the whistle of the locomotive until it arrives at the public road, and to simultaneously check and keep checking the speed thereof, so as to stop in time should any person or thing be crossing said track on said road.”
Sect. 2224. “If any engineer neglects to blow said whistle as required, and to check the speed as required, he is guilty of a misdemeanor....”—Georgia Code of 1895.
[112]. Only so much of the case is given as relates to a single point. Statement abridged. Part of opinion omitted.