McEwen v. Atlanta Railway & Power Co.
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. January 4, 1904. Mrs. McEwen sued tbe Atlanta Railway and Power Company for injuries alleged to have been received by being thrown from her seat in a street-car, in consequence of the defendant’s negligence in running at a high and dangerous rate of speed around a sharp curve.
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Action for damages. Before Judge Reid. City court of Atlanta. January 4, 1904. Mrs. McEwen sued tbe Atlanta Railway and Power Company for injuries alleged to have been received by being thrown from her seat in a street-car, in consequence of the defendant’s negligence in running at a high and dangerous rate of speed around a sharp curve. The petition alleged, that the motorman seemed to lose and did lose control of the car, and, in going down grade towards the Nelson street bridge, allowed the car to run at a very unusually high and dangerous rate of speed; that it was running at the rate of…
1Opinion of the CourtLamaR, J.
The public demands rapid transit, and passengers can not recover for damages occasioned by the jolts and lurches inevitably caused by running around curves at a proper rate of speed. Augusta R. Co. v. Renz, 55 Ga. 126; Macon R. Co. v. Moore, 99 Ga. 230; Ball v. Mabry, 91 Ga. 783; Crine v. E. T. Ry. Co., 84 Ga. 651, 657; Wynn v. City & Suburban Ry., 91 Ga. 357; Ayers v. Rochester Ry. Co., 156 N. Y. 104; Hite v. Metropolitan St. Ry. Co., 130 Mo. 132; Wilder v. Metropolitan St. Ry. Co., 41 N. Y. Supp. 931, affirmed, 161 N. Y. 665; Reber v. Pittsburg Traction Co. (Pa.), 36 Atl. 245. But for a…
2Cases cited10 opinions
- Patton v. StateSupreme Court of Georgia · 1903
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Wynn v. City & Suburban RailwaySupreme Court of Georgia · 1893
- Ayers v. . Rochester Railway Co.New York Court of Appeals · 1898
- Ball v. MabrySupreme Court of Georgia · 1893
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3Cited by1 opinion
- Augusta Railway & Electric Co. v. BeaglesCourt of Appeals of Georgia · 1913