Johns v. Georgia Ry. & Electric Co.
| Decision Date | 20 November 1909 |
| Citation | 66 S.E. 269,133 Ga. 525 |
| Parties | JOHNS v. GEORGIA RY. & ELECTRIC CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
A woman having full knowledge that a street railway company had torn up a strip of pavement running along its track in a city street, and extending on each side of her residence for more than a block, for the purpose of laying an additional track and of the consequent depression or hole in the pavement two or three feet wide, caused the conductor of a car on which she was riding to stop it in front of her home, in the middle of a block, at a place where cars would stop for passengers and in the daytime, in full view of the situation, and without any compulsion, urging, or emergency, she voluntarily attempted to step from the car across such opening to the pavement on the other side of it, and in doing so stepped on a paving stone or dirt, which gave way, and she fell and was injured. Held, that she showed no right to recover against the company, and a nonsuit was proper.
Error from Superior Court, Fulton County; J. T. Pendleton, Judge.
Action by Josie Johns against the Georgia Railway & Electric Company. Judgment for defendant, and plaintiff brings error. Affirmed.
Reuben R. Arnold and Harvey Hill, for plaintiff in error.
Rosser & Brandon and Colquitt & Conyers, for defendant in error.
LUMPKIN J. (after stating the facts as above).
With full knowledge of the physical condition of the street in front of her house, the plaintiff voluntarily caused the conductor of the street car to stop it there in order that she might alight. The place of stopping was not his selection. It was hers. There was no emergency compelling her to get off there, except a desire to avoid walking a block or two, if she should get off where those conditions did not exist. The conductor did not command her to leave the car, or inform her that it was safe to do so. When she started toward the rear platform, beside which paving stones were piled along the street, he told her to go to the front. This was rather a warning than a command to leave the car. It was in the daytime, and the situation was plainly visible. Her daughter immediately preceded her, and alighted in safety by stepping down into the depression or "hole" caused by the removal of the paving stones from a strip of the street alongside the track for the purpose of building an additional track, and then stepping up on the pavement on the other side. There was no contention that the plaintiff did not see the...
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...of his own misfortune he could not recover. See, also, Wilkinson v. Rich's, Inc., 77 Ga.App. 239, 48 S.E.2d 552; Johns v. Georgia Ry. & Electric Co., 133 Ga. 525, 66 S.E. 269; Beasley v. Elder, 88 Ga.App. 419, 76 S.E.2d 849; Briscoe v. Southern Ry. Co., 103 Ga. 224, 28 S.E. 638; Vaissiere v......
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