Southern Railway Co. v. Bandy
Supreme Court of Georgia
Action for damages. Before Judge Fite. Gordon superior court. November 14, 1903. Bandy, a minor, by his next friend sued the railroad company for personal injuries sustained in alighting from a train on which he was a passenger. At the trial he testified: “ I got on the train at Dalton, fol' Miller’s Station. . . It was about an hour or an hour and a half behind, as well as I remember. I paid 'the conductor my fare, , . the amount demanded by the conductor.
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Action for damages. Before Judge Fite. Gordon superior court. November 14, 1903. Bandy, a minor, by his next friend sued the railroad company for personal injuries sustained in alighting from a train on which he was a passenger. At the trial he testified: “ I got on the train at Dalton, fol' Miller’s Station. . . It was about an hour or an hour and a half behind, as well as I remember. I paid 'the conductor my fare, , . the amount demanded by the conductor. As the train approached Miller’s the conductor came to the front door and motioned me out on the front platform, and says, ‘ I am just…
1Opinion of the CourtLamar, J.
The evidence was directly in conflict, but the testimony for the plaintiff brought the case within the decision in Georgia Railroad Co. v. McCurdy, 45 Ga. 288, where it was held that if the company accepts the fare to a particular station it is bound to stop, and it is not sufficient that the speed is slackened. If under the direction of the conductor, a passenger gets off of a slowly moving train, the company is liable for consequent injuries, it not being a want of ordinary care if the passenger prudently uses the means which the company affords him for disembarking. Western R. Co. v.…
2Cases cited4 opinions
- Georgia Railroad & Banking Co. v. McCurdySupreme Court of Georgia · 1872
- Western Railroad v. YoungSupreme Court of Georgia · 1874
- Jones v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1898
- Shropshire v. StateSupreme Court of Georgia · 1882
3Cited by2 opinions
- Southern Railway Co. v. WhiteheadCourt of Appeals of Georgia · 1923
- Bersie v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1926