Turley v. Atlanta, Knoxville & Northern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Gober. Cobb superior court. November 38, 1905. Turley sued the Atlanta, Knoxville & Northern Railway Company, to recover damages for personal injuries alleged to have been sustained in the following manner: "On the 39th day of November 1904, petitioner was a passenger on defendant’s passenger train that leaves Marietta, said county of Cobb, about 9.30 o’clock p. m., to go to Blackwell’s station on defendant’s railway in said county of Cobb. .…
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Action for damages. Before Judge Gober. Cobb superior court. November 38, 1905. Turley sued the Atlanta, Knoxville & Northern Railway Company, to recover damages for personal injuries alleged to have been sustained in the following manner: "On the 39th day of November 1904, petitioner was a passenger on defendant’s passenger train that leaves Marietta, said county of Cobb, about 9.30 o’clock p. m., to go to Blackwell’s station on defendant’s railway in said county of Cobb. . . When said train arrived in about a half mile of said Blackwell’s station, the conductor and porter on said train…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1, 2. "Whether it is negligence or not for a passenger to leave a moving train can not in every instance be decided as a matter of law. If it appears that at the time of a person’s leaving a moving car it is obviously dangerous for him to do so, on account of its having attained a high rate of speed, the court might, as ■ a matter of law, hold that in voluntarily leaving the car, such person was guilty of such negligence as would preclude a recovery of damages for injuries received in alighting under those circumstances. In the present case, when the plaintiff left…
2Cases cited2 opinions
- Simmons v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1904
- Suber v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1895
3Cited by14 opinions
- Louisville & Nashville Railroad Co. v. BarnwellSupreme Court of Georgia · 1909
- Central of Georgia Railway Co. v. HillCourt of Appeals of Georgia · 1917
- Southern Railway Co. v. ParhamCourt of Appeals of Georgia · 1912
- Spielberg v. McEntireCourt of Appeals of Georgia · 1962
- Bailey v. Georgia & Florida RailwaySupreme Court of Georgia · 1915
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