Legal Opinion

Griswold v. Macon Railway & Light Co.

Court of Appeals of Georgia

Decided March 23, 1909No. 1574PublishedCited by 4 opinions

Action for damages; from city court of Macon — Judge Hodges. October 27, 1908. Lillian Griswold, a nineteen-year-old girl, sued the street-railway company for personal injuries; her contention being, that, as she was about to alight from the car of the company on which she was a passenger, the car suddenly started forward without giving her time to alight and without warning, and threw her to the ground, hurting her.

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Action for damages; from city court of Macon — Judge Hodges. October 27, 1908. Lillian Griswold, a nineteen-year-old girl, sued the street-railway company for personal injuries; her contention being, that, as she was about to alight from the car of the company on which she was a passenger, the car suddenly started forward without giving her time to alight and without warning, and threw her to the ground, hurting her. The contention of the defendant was that the girl, apparently under the influence of some drug, arose from her seat, walked out on the platform, and, over the protest of the…

1Opinion of the CourtPowell, J.

The first exception of law is that the court charged the jury that it is necessary, in order for the plaintiff to recover, that it should appear from a preponderance of the evidence in the case that the plaintiff was entitled to a verdict. The court fairly and fully instructed the jury as to the presumption arising against the company upon proof that the plaintiff was injured while a passenger or by the operation of the cars. The plaintiff in error cites the case of Killian v. Georgia R. Co., 97 Ga. 730 (25 S. E. 384). In that case it was held error for the court to charge the jury that the…

2Cases cited1 opinion

  1. Killian v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896

3Cited by4 opinions

  1. Butler v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1930
  2. Lime-Cola Bottling Co. v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1925
  3. Columbus Railroad v. JoyceCourt of Appeals of Georgia · 1920
  4. Howard v. Georgia RailroadCourt of Appeals of Georgia · 1920

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