Atlanta & West Point Railroad v. Holcombe
Supreme Court of Georgia
Negligence. Evidence. Witness. Railroads. Charge of court. Before Judge Marshall J. Clarke. Eulton superior court. September term, 1890. Holcombe sued for damages from personal injuries, alleging that, having purchased a ticket entitling him to a passage from Atlanta to East Point, he hoarded the defendant’s train about ten minutes before leaving time, and went into the first class car to get a seat, but finding that he could not get one in that car, he sought one in the…
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Negligence. Evidence. Witness. Railroads. Charge of court. Before Judge Marshall J. Clarke. Eulton superior court. September term, 1890. Holcombe sued for damages from personal injuries, alleging that, having purchased a ticket entitling him to a passage from Atlanta to East Point, he hoarded the defendant’s train about ten minutes before leaving time, and went into the first class car to get a seat, but finding that he could not get one in that car, he sought one in the smoking-car ; that while passing from the one to the other, he stumbled and fell over a stool which had been negligently…
1Opinion of the Court
Lumpkin, Justice.
1. The main question in this case is not whether the railroad company had a custom and habit of keeping at its proper place, up to the time a train was ready to leave the depot, a stool used for assisting lady passengers to enter the train, but whether, on the occasion when the plaintiff below was injured, the stool caused the injury by being in the wrong place. It appears from the evidence that the proper use of such a stool would require its being kept on the ground or floor at the foot of the steps of the car until the train was about to depart, and the fact that such use…
2Cases cited2 opinions
- Mayfield v. Savannah, Griffin & North Alabama RailroadSupreme Court of Georgia · 1891
- Hardeman v. English & HugueninSupreme Court of Georgia · 1888
3Cited by7 opinions
- Neill v. HillCourt of Appeals of Georgia · 1924
- Hollomon v. HopsonCourt of Appeals of Georgia · 1932
- Minter v. KentCourt of Appeals of Georgia · 1940
- Mize v. Southern Railway Co.Court of Appeals of Georgia · 1914
- Petkas v. WRIGHT COMPANY INC.Court of Appeals of Georgia · 1952
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