Johns v. Georgia Railway & Electric Co.
Supreme Court of Georgia
Action for damages. Before Judge Pendleton. Eulton superior court. September 28, 1908. Mrs. Josie Johns brought suit against the Georgia Railway & Electric Company to recover damages for a personal injury received from falling into a hole while alighting from a street car.
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Action for damages. Before Judge Pendleton. Eulton superior court. September 28, 1908. Mrs. Josie Johns brought suit against the Georgia Railway & Electric Company to recover damages for a personal injury received from falling into a hole while alighting from a street car. On the trial the evidence introduced by the plaintiff was, in brief, as follows : She lived near the middle of a long block, and there was a point opposite the lot on which she lived where the street cars would stop for passengers to get on and off. The company was preparing to put down a double track along the street, -and…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) With full knowledge of the physical condition of the street in front of her house, the plaintiff voluntarily caused the conductor of the street car to stop in there, in order that she might alight. The place of stopping was not his selection; it was hers. There was no emergency compelling her to get off there, except a desire to avoid walking a block or two, if she should get off where those conditions did not exist. The conductor did not command her to leave the car or inform her that it was safe to do so. When she started toward the rear platform, beside…
2Cases cited3 opinions
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