Curry v. Ga. Midland & G. R. Co

• Decision Date: 17 July 1893
• Citation: 18 S.E. 422,92 Ga. 293
• Court: Georgia Supreme Court
• Parties: CURRY. v. GEORGIA MIDLAND & G. R. CO.

18 S.E. 422

92 Ga. 293

CURRY.

v.GEORGIA MIDLAND & G. R. CO.

Supreme Court of Georgia.

July 17, 1893.

Injuries to Passenger —Boarding Train—Negligence.

Where the conductor of a freight train having a cab attached thereto for the accommodation of passengers announced distinctly in the hearing of persons assembled at a place where the train did not usually stop to receive passengers that they would not get aboard there, but that the train would move out and stop for them elsewhere, a person who did not hear the announcement was not entitled to have the train remain standing at the place where the announcement was made until he got aboard. If he was injured while attempting to board the train at that place, neither the conductor nor any other person engaged in moving the train or controlling its movements being aware that he was endeavoring to board it, and the cause of his injury was the starting of the train before he had passed from the platform of the cab to the inside of the vehicle, his injury was not attributable to any fault of the company, and he has no cause of action against the company for compensation. On the facts in evidence the plaintiff was not entitled to recover, and any errors committed by the court in charging the jury were immaterial and harmless. There was no error in denying a new trial. (Syllabus by the Court.)

Error from superior court, Spalding county; J. S. Boynton, Judge.

Action by J. M. Curry against the Georgia Midland & Gulf Railroad Company to recover for injuries received while trying to board defendant's car. There was judgment for defendant, and plaintiff brings error. Affirmed.

Bryan & Dicken, for plaintiff in error.

Goetchius & Chappell and Beck & Cleveland, for defendant in error.

BLECKLEY, C. J. The conductor of the train, which was a freight train having a cab attached for the accommodation of passengers, announced distinctly in the hearing of persons assembled where this injury occurred that passengers would not get aboard there, but the train would move on, and stopfor them at another place. This announcement was made to a collection of persons assembled at a place where the train did not usually stop to receive passengers. On this occasion it stopped there for another purpose, and the conductor took the precaution to proclaim that persons were not to board it there, but at a designated place near by. The plaintiff did not hear this announcement, but that was his misfortune. It was distinctly made, and was heard by...