Coursey v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Gober. Cobb superior court. November 22, 1900. Coursey and his wife sued the railway company for personal injuries sustained by her in getting off a train. A nonsuit was awarded, and the plaintiffs excepted.
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Action for damages. Before Judge Gober. Cobb superior court. November 22, 1900. Coursey and his wife sued the railway company for personal injuries sustained by her in getting off a train. A nonsuit was awarded, and the plaintiffs excepted. From the evidence it appeared that Mrs. Coursey, accompanied by her husband and her brother, and having a ticket for passage from Austell to DeArmond on the defendant’s railroad, got on one of the defendant’s passenger-trains at Austell, supposing that it would take her to DeArmond; but soon after she had seated herself she was told that this train would…
1Opinion of the CourtLittle, J.
The evidence was sufficient to make a prima facie case that plaintiff was injured in alighting from0 one of defendant’s trains of cars; and assuming such injuries to have been ascertained, her right of recovery would rest on the determination of two questions: First, was it negligence on her part to attempt to alight when the car on which she was riding was in motion. Second, was the person who directed her to leave the car the conductor of the train or other person in charge, representing the company. As will be seen by the above report of the case, the plaintiff testified that when she was'…
2Cases cited3 opinions
- Suber v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1895
- West End & Atlanta Street Railway Co. v. MozelySupreme Court of Georgia · 1887
- Covington v. Western & Atlantic RailroadSupreme Court of Georgia · 1888
3Cited by14 opinions
- Central of Georgia Railway Co. v. McKinneySupreme Court of Georgia · 1903
- Devane v. Atlanta, Birmingham & Atlantic RailroadCourt of Appeals of Georgia · 1908
- Southern Railway Co. v. CourseySupreme Court of Georgia · 1902
- Southern Railway Co. v. ParhamCourt of Appeals of Georgia · 1912
- Bailey v. Georgia & Florida RailwaySupreme Court of Georgia · 1915
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