Georgia Railroad & Banking Co. v. McCurdy
Supreme Court of Georgia
Railroad Companies. Passengers. Damages. Tried before Judge Hopkins. DeKalb Superior Court. September Term, 1871. McCurdy paid his way to News Station, which was a wood aud water station only, and the conductor agreed to put him off there. When they got there, the train was slackened; but McCurdy, being a heavy man, was afraid to get off.
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Railroad Companies. Passengers. Damages. Tried before Judge Hopkins. DeKalb Superior Court. September Term, 1871. McCurdy paid his way to News Station, which was a wood aud water station only, and the conductor agreed to put him off there. When they got there, the train was slackened; but McCurdy, being a heavy man, was afraid to get off. He went forward to see the conductor, who angrily blamed him for not getting off, and who again slackened up for him to get off; he did get off while the train was so slackened for him, and in so doing injured his ankle. The Court told the jury that he could…
1Opinion of the Court
McCay, Judge.
1. The evidence is very plain that the railroad company, through its agent, the conductor, undertook to carry John W. McCurdy from Atlanta to the station referred to. This, as we think, bound them so to do. It makes no difference whether they were in the habit of doing this or not. By taking his *290fare to that point, they undertook to carry him there and put him off. But on this point the evidence is rather in favor of the idea that it was the usual practice of the road to take passengers for that point. Why announce in the published rates the price from Atlanta to that point? But,…
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