Ricks v. Georgia Southern & Florida Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Griffin. City court of Yaldosta. September 9, 1902. The plaintiff alleged, that on a night in November he went to the defendant’s depot in the town of Lake Park, for the purpose of taking passage on its train; that when the train came in sight’a signal for it to stop was given, and the engineer blew the whistle in recognition of the signal; that when the train came to a stop the plaintiff, who was a dentist and carried a small box of tools…
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Action for damages. Before Judge Griffin. City court of Yaldosta. September 9, 1902. The plaintiff alleged, that on a night in November he went to the defendant’s depot in the town of Lake Park, for the purpose of taking passage on its train; that when the train came in sight’a signal for it to stop was given, and the engineer blew the whistle in recognition of the signal; that when the train came to a stop the plaintiff, who was a dentist and carried a small box of tools and instruments, with as much haste as he’ could, undertook to get on the steps of the passenger-coach; that he set his…
1Opinion of the CourtIFish, J.
While it appeared from the testimony introduced by the plaintiff that the defendant railway company was chargeable with a violation of its duty as a common carrier, in that its train was not stopped at the station at which he wished to board it a sufficient length of time to afford him a reasonable opportunity to do so, yet as he confessedly, in order that he might not be left at that station, voluntarily assumed the risk of - attempting to get aboard after the train was started and while it was in motion, the trial court committed no error in granting a nonsuit, he having made no effort to…
2Cited by6 opinions
- Rome Railway & Light Co. v. KeelCourt of Appeals of Georgia · 1908
- Central of Georgia Railway Co. v. RobertsSupreme Court of Georgia · 1957
- Southern Railway Co. v. NicholsSupreme Court of Georgia · 1910
- Gunn v. United Railways Co.Supreme Court of Missouri · 1917
- Chisholm v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1914
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