East Tennessee, Virginia & Georgia Railroad v. Massengill

The plaintiff sues the defendant because, as alleged-in his declaration, the company having agreed, in consideration of fare paid, “to carry plaintiff on its road to his home at Union depot,” and there stop its. train and allow plaintiff to descend from same in safety, which said agreement was not kept,” but by its carelessness, negligence and failure to perform its-duties the plaintiff was, at or near Union depot, violently thrown to the ground, and greatly injured, etc.

Defendant pleads not guilty, and a special plea “ that the injuries received were caused by the careless and negligent…