McLarin v. Atlanta & West Point Railroad
Supreme Court of Georgia
Railroads. Negligence. Before Judge Harris. Campbell superior court. August term, 1889. H. A. McLarin sued the railroad company for damages, and on the trial his evidence showed the following: On Jan. 4, 1889, he went -with his daughter and two young children to assist them in boarding defendant’s passenger-train, leaving Fairburn. He was sixty-five years old.
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Railroads. Negligence. Before Judge Harris. Campbell superior court. August term, 1889. H. A. McLarin sued the railroad company for damages, and on the trial his evidence showed the following: On Jan. 4, 1889, he went -with his daughter and two young children to assist them in boarding defendant’s passenger-train, leaving Fairburn. He was sixty-five years old. They reached the depot nearly half an hour before the train arrived, and were standing on the platform ready to go aboard as soon as it stopped; and they immediately entered the front end of the passenger-coach and found seats near that…
1Opinion of the Court
Bleckley, Chief Justice.
The plaintiff went upon the train with his daughter and her children to see them seated. So far as appears, the conductor did not know of his presence there, or of his wish to get off. He heard no signal given for starting the train, but does not prove that the usual signal was not in fact given. Ho left the train, knowing it was in motion, and undertook to alight when it was going, according to his subsequent estimate, at fifteen miles an hour. Most probably this estimate is too high, but the important fact is that the speed was unsafe, and so obviously unsafe that he…
2Cases cited1 opinion
- Coleman v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
3Cited by7 opinions
- Suber v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1895
- Hill v. Louisville & Nashville RailroadSupreme Court of Georgia · 1905
- Southern Ry. Co. v. SmithCourt of Appeals for the Fifth Circuit · 1898
- Georgia, Carolina & Northern Railway Co. v. HutchinsSupreme Court of Georgia · 1904
- Myrick v. Macon Railway & Light Co.Court of Appeals of Georgia · 1909
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