Daniels v. Western & Atlantic Railroad
Supreme Court of Georgia
Action for damages. Before Judge Milner. Whitfield superior court. April term, 1894. The testimony for plaintiff was to the following effect: In January, 1898, she bought a ticket from Dalton to Ringgold. Being infirm and weak in her hands, they being drawn with ldieumatism, her son Ed. helped her on the train, and the colored porter on the train helped her on the ear.
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Action for damages. Before Judge Milner. Whitfield superior court. April term, 1894. The testimony for plaintiff was to the following effect: In January, 1898, she bought a ticket from Dalton to Ringgold. Being infirm and weak in her hands, they being drawn with ldieumatism, her son Ed. helped her on the train, and the colored porter on the train helped her on the ear. Ed. told this porter that his mother was going to Ringgold and was sick, and would need help in getting off the cars at Ringgold. The porter said he would help her off, that it was his or the road’s business to do this. Ed.…
1Opinion of the CourtAtkinson, J.
1. It is the duty of a railway company to carry its passengers safely to their destination, stop a sufficient length of time to allow them to leave the train in safety, and provide a suitable place for their so doing.
2. If, under any circumstances, a railroad company is under a duty to render an infirm passenger physical personal assistance in alighting from a train, yet as the evidence in the present case fails entirely to show such a state of facts as would require the rendering of such assistance to the plaintiff, the verdict was right upon the substantial merits of the case, and if the…
2Cited by11 opinions
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- Southern Railway Co. v. WrightCourt of Appeals of Georgia · 1909
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- Savannah Electric Co. v. BennettSupreme Court of Georgia · 1908
- Georgia & Florida Railway v. ThigpenSupreme Court of Georgia · 1913
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