Simmons v. Seaboard Air-Line Railway
Supreme Court of Georgia
Action for damages. Before Judge Seabrook. Effingham superior court. November 9, 1903. 'The plaintiff sued for injuries received while alighting from a moving train.
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Action for damages. Before Judge Seabrook. Effingham superior court. November 9, 1903. 'The plaintiff sued for injuries received while alighting from a moving train. He alleged that he notified the conductor of his desire to get off at Meldrim; that he reached there at night; that the conductor, contrary to his duty and the custom of the company, failed to announce the station; that after the train had stopped at Meldrim it started and moved slowly forward, when petitioner, happening to look out of the window of the coach, discovered that the train was moving from the station, when he…
1Opinion of the CourtLamar, J.
In numerous cases cited by the plaintiff it has been held, by this and other courts', that it is ordinarily a question for the jury to determine whether it is negligence, barring a recovery, for a passenger to step from a moving train. In several instances such conduct was held not to prevent a recovery where the passenger was injured as the result of a sudden or negligent jerk given the train while he was in the act of alighting. Allanta Railway Co. v. Randall, 117 Ga. 165; Central Railroad v. White, 74 Ga. 453; Walters v. Collins Park R. Co., 95 Ga. 519; Poole v. Georgia R. Co., 89 Ga. 320;…
2Cases cited11 opinions
- Central of Georgia Railway Co. v. McKinneySupreme Court of Georgia · 1903
- Suber v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1895
- Mansfield v. RichardsonSupreme Court of Georgia · 1903
- Augusta Southern Railroad v. SniderSupreme Court of Georgia · 1903
- Central Railroad v. WhiteheadSupreme Court of Georgia · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
- Hill v. Louisville & Nashville RailroadSupreme Court of Georgia · 1905
- Central of Georgia Railway Co. v. RobertsSupreme Court of Georgia · 1957
- Rome Railway & Light Co. v. KingCourt of Appeals of Georgia · 1923
- Southern Railway Co. v. NicholsSupreme Court of Georgia · 1910
23 more not listed; retrieve them via the Exa API.