Burnett v. Rome Railway & Light Co.

• Decision Date: 20 January 1910
• Docket Number: 2,202.
• Citation: 66 S.E. 803,7 Ga.App. 323
• Parties: BURNETT v. ROME RY. & LIGHT CO.
• Court: Georgia Court of Appeals

66 S.E. 803

7 Ga.App. 323

BURNETT v. ROME RY. & LIGHT CO.

No. 2,202.

Court of Appeals of Georgia

January 20, 1910

Syllabus by the Court.

The petition alleged that the plaintiff, who was an old lady, unacquainted with the streets or their condition in the city of Rome, where the defendant operates a line of street cars, took passage on one of the cars, and made a contract with the conductor, in consideration of the fare of five cents, to convey her as a passenger from that point to Cherokee street, in South Rome; that the conductor failed to comply with his contract, and did not carry her to Cherokee street, but put her off the car at East Third street, and gave her a transfer, by which she was compelled to walk a quarter of a mile to another car; "that in going to said car petitioner fell, dislocated her hip, and broke her hip;" that, if she had known that she could not have been carried to South Rome without having to walk this distance, she, on account of her age, infirmity, and defective eyesight, would have employed a hack, or other means, and would not have attempted to get on the car. No direct connection between the defendant and the fall is alleged. The plaintiff sues for the personal injury received through the fall. Held, that the defendant's wrong, if any, was not the proximate cause of the injury, that the petition does not state a cause of action, and that it was properly dismissed on demurrer. Central Ry. Co. v. Price, 106 Ga. 176, 32 S.E. 77, 43 L.R.A. 402, 71 Am.St.Rep. 246; Central Ry. Co. v. Edwards, 111 Ga. 528, 36 S.E. 810.

Error from City Court of Floyd County; Harper Hamilton, Judge.

Action by W. T. Burnett against the Rome Railway & Light Company. Judgment for defendant, and plaintiff brings error. Affirmed.

M. B. Eubanks and W. B. Mebane, for plaintiff in error.

Dean & Dean, for defendant in error.

POWELL, J.

Judgment affirmed.