11 S.E. 558 (Ga. 1890), Roul v. East Tennessee, V. & G. Ry. Co.

Citation11 S.E. 558,85 Ga. 197
Docket Number.
Date14 April 1890
PartiesROUL v. EAST TENNESSEE, V. & G. RY. Co.
CourtGeorgia Supreme Court

Page 558

11 S.E. 558 (Ga. 1890)

85 Ga. 197

ROUL

v.

EAST TENNESSEE, V. & G. RY. Co.

Supreme Court of Georgia

April 14, 1890

Error from superior court, Fulton county; M. J. CLARKE, Judge.

John T. Glenn and R. L. Sibley, for plaintiff in error.

P. L. Mynatt and Bacon & Rutherford, for defendant in error.

SIMMONS, J.

Under the facts as disclosed by the record, there was no error in granting a nonsuit in this case. The facts show, in brief, that the plaintiff undertook to get upon an engine which was running at the rate of from 6 to 12 miles per hour. It seems to us that any man of common sense would have known that it was a rash and dangerous attempt.

It is claimed, however, that he was justified because he was ordered to do so by his boss or superior. The evidence does not show that the boss ordered him to get on the engine while it was moving at this rate of speed; and the action of the

Page 559

plaintiff shows that he did not so understand the order, because he gave the engineer a signal to stop, and the engineer, either not seeing the signal or not heeding it, did not stop, and the plaintiff then undertook to mount the engine as it ran past him. Even if the boss had ordered him to get upon the engine while it was moving at this rate of speed, it would not have protected the plaintiff, because the act was so rash and dangerous that he was not obliged to obey such an order; and, if he did so, it would be at his peril. See Galloway v. Railroad Co., 57 Ga. 512; Railroad Co. v. Adams, 55 Ga. 279; Baker v. Railroad Co., 68 Ga. 699; Bell v. Railroad Co., 70 Ga. 566. But it is manifest that the order had no such meaning. There is no ground for so construing it.

Judgment affirmed.

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