Atlanta & W.P.R. Co. v. Dickinson
| Decision Date | 17 June 1892 |
| Citation | 15 S.E. 534,89 Ga. 455 |
| Parties | ATLANTA & W. P. R. CO. v. DICKINSON. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. In the absence of a custom to give signals for passengers to get off, a railroad company is not bound to give any signal for such purpose, after having stopped its train and kept it standing at the station a sufficient time to allow passengers to alight by the exercise of ordinary and reasonable diligence on their part. If, after the allowance of such time, a train moves off without giving any signal, and a passenger is then in the act of alighting, none of the employes connected with the train knowing of his delay or of his exposed position, and he is injured in consequence of the movement of the train, the company is not liable for the consequences.
2. If a passenger voluntarily leaps from the train while it is in motion, and is injured thereby, he cannot, as a general rule, recover of the company, although the train may not have been stopped at the station long enough to afford reasonable opportunity to get off in the usual way.
3. The court erred in not granting a new trial.
Error from city court of Newnan; A. D. FREEMAN, Judge.
Action by Henry Dickinson against the Atlanta & West Point Railroad Company for personal injuries. On a judgment for plaintiff, defendant brings error. Reversed.
P. H. Brewster, for plaintiff in error.
L. N. Mercier, Bigby, Reed & Berry, and W. A. Turner, for defendant in error.
Judgment reversed.
LUMPKIN, J., not presiding.
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