Reports of Cases Decided in the Court of Appeals of the State of Georgia Volume 19

Reports of Cases Decided in the Court of Appeals of the State of Georgia Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... this significant language (p. 325): "According to the allegations of the petition the plaintiff thought he could alight in safety, and no reason appears why ordinarily he could not have done so. Under the circumstances as related by him, however, the train began to increase its speed just as he stepped from the bottom step of the car. This may be found by the jury to be the main contributing cause of his injury, the prime negligence, which, in connection with the negligence of the company in not stopping the train, although it knew that the station was his destination, caused the injury of which he complains." A clear and concise statement of the doctrine of liability in cases of this character is found in the decision of this court in Gosnell V. Central of Ga. Ry. Co., 17 Ga. App. 67 (86 S. E. 90), where it was said: "In case of a jerk or sudden start by which one alighting from a train is thrown to the ground, it will be presumed that there was a negligent act in the operation of the train; and where one alights from a moving train by the order of the conductor, the consequences chargeable to the conduct of the conductor will be imputed to the company itself. In this case there was no negligent act in the operation of the train, and there was no negligent order on the part of the conductor to the plaintiff, which caused the plaintifl' to fall or induced him to assume the obvious risk of alighting from a moving train, but he voluntarily undertook the risk himself." Our conclusion of the matter is this: Although a passenger, in attempting to step from a moving train, may not have been negligent, yet, before there can be liability on the part of the carrier, there must be negligence on its part, and more

Product details

  • Paperback | 412 pages
  • 189 x 246 x 21mm | 730g
  • United States
  • English
  • black & white illustrations
  • 1236907094
  • 9781236907097