Ham v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Clark. Rockdale superior court. April term, 1895. Randall Ham sued the railroad company, and was non-suited. Upon the trial lie testified: I got on the cars, paid tlie conductor my'fare, sat down on a seat, and told him I wanted to get off up there at Hamilton’s crossing. He turned around and said, “Go to the other car and tell Dick Jackson to let you off there.”
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Action for damages. Before Judge Clark. Rockdale superior court. April term, 1895. Randall Ham sued the railroad company, and was non-suited. Upon the trial lie testified: I got on the cars, paid tlie conductor my'fare, sat down on a seat, and told him I wanted to get off up there at Hamilton’s crossing. He turned around and said, “Go to the other car and tell Dick Jackson to let you off there.” He went on through the car, and I went on in the car to tell Dick, and while I was telling Dick the train-hand came in, and I turned and came right on behind him back to my car; and as I went into the…
1Opinion of the CourtSimmons, C. J.
Under the facts in evidence it does not appear that tbe defendant was guilty of any act, whether negligent or otherwise, which could be fairly treated as the proximate cause of the plaintiff’s injury; and the judgment of nonsuit was therefore correct. ' Judgment affk'med.
One Booker testified: Plaintiff told the conductor he wanted to get off at a certain crossing, and the conductor told him to go and tell the porter to put him off thére. He got up and went into the baggage-car to tell the porter, and when he came back he stopped on the gangway and was telling him, and some one came in, I…
2Cited by2 opinions
- Rushin v. Central of Georgia Railway Co.Supreme Court of Georgia · 1907
- Ward v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1915