Atlanta & West Point Railroad v. Dickerson
Supreme Court of Georgia
Railroads. Passengers. Negligence. Before Judge Freeman. City court of Newnan. July term, 1891. The plaintiff' sued the railroad company for damages, alleging that he was a passenger on its train to a station on its road, and that when the train arrived at that station, he being in the act of getting off' the car and being still on the platform, the train was suddenly started and put in motion with a jerk, without giving him sufficient time to safely get off, and without…
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Railroads. Passengers. Negligence. Before Judge Freeman. City court of Newnan. July term, 1891. The plaintiff' sued the railroad company for damages, alleging that he was a passenger on its train to a station on its road, and that when the train arrived at that station, he being in the act of getting off' the car and being still on the platform, the train was suddenly started and put in motion with a jerk, without giving him sufficient time to safely get off, and without giving the usual signal preparatory to starting, whereby he was thrown to the ground and seriously injured without fault on…
1Opinion of the Court
*455 Judgment reversed.
“If the evidence shows that the plaintiff" was a passenger having paid his fare, and was injured by the failure of the agents of defendant to exercise extraordinary diligence, then plaintiff would be entitled to recover. Did the cars stop reasonably long for the plaintiff' using ordinary diligence to alight, and was the' proper signal for starting given before stalling ? If so, plaintiff cannot recover. If you find from the evidence that the ears stopped long enough for plaintiff, under the circumstances surrounding him by using'ordinary and reasonable diligence, to get…
2Cited by3 opinions
- Sanders v. Southern Railway Co.Supreme Court of Georgia · 1899
- Western & Atlantic Railroad Co. v. GoodwinSupreme Court of Georgia · 1898
- Davis v. Savannah Union Station Co.Court of Appeals of Georgia · 1916