Legal Opinion

Savannah Electric Co. v. McElvey

Supreme Court of Georgia

Decided August 13, 1906PublishedCited by 2 opinions

Action for damages. Before Judge Cann. Chatham superior court. August 16, 1905.

1Opinion of the CourtLumpkin, J.

1. Where the plaintiff’s declaration and the evidence in support of it tended to make a case of a willful tort on the part of a streetcar conductor, committed on a passenger by forcibly pushing or kicking-her off the ear, and the evidence on behalf of the defendant tended to show that after the car had stopped a sufficient length of time and signals had been given, and, upon her failure to alight, it had moved on, she voluntarily stepped from the ear and was injured, it was error to so charge the jury as in effect to authorize them to find in favor of the plaintiff if she was not in fact…

2Cited by2 opinions

  1. Savannah Electric Co. v. McClellandSupreme Court of Georgia · 1907
  2. Hines v. EvittCourt of Appeals of Georgia · 1920

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