Murphy v. Georgia Power Co.

• Decision Date: 12 February 1943
• Docket Number: 29788.
• Citation: 24 S.E.2d 411,68 Ga.App. 825
• Parties: MURPHY v. GEORGIA POWER CO.
• Court: Georgia Court of Appeals

24 S.E.2d 411

68 Ga.App. 825

MURPHY v. GEORGIA POWER CO.

No. 29788.

Court of Appeals of Georgia, Division No. 1.

February 12, 1943

The petition in effect alleges that George Murphy, the plaintiff entered the street car of the defendant and upon entering paid his fare to the motorman who "carefully looked at petitioner and knew or should have known that the petitioner was sick and on crutches and able to hardly move at all even with the aid of said crutches; that the plaintiff intended getting off of said car at the junction or intersection of Frazier Street and Georgia Avenue in Atlanta;" that the car was crowded and as it approached said intersection and in ample time to allow him to get off the car at his destination, the plaintiff "buzzed" three times for the car to stop at such destination, which was the usual signal given under such circumstances in order to notify the motorman to stop at the approaching intersection; "that said street-car (which was crowded) did stop at Frazier Street and Georgia Avenue (the destination of plaintiff); that several people got off of the street-car at said stop; that said time during which said street-car of defendant was still so that petitioner could get off was not reasonable and not reasonably sufficient for plaintiff, in the condition, sickness and being on crutches, and hardly able to move at all, all of which condition of plaintiff was well known to defendant's motorman or operator, to get fully off of said street-car; and that said street-car did start up and go on out Georgia Avenue toward Grant Park, and thus petitioner was not given a reasonable time within which to get off at Georgia Avenue and Frazier Street in Atlanta, Fulton County Georgia, where the wrong to petitioner began to occur; that the motorman then operating the car or street-car of defendant did hear petitioner's yells and cries and pleading and beseeching, which yells and calls of mercy were loud and easily heard, he did carry him on several blocks to Grant Park vicinity; that defendant's motorman or operator heard the frantic, loud, and animated calls of mercy so yelled by plaintiff and did then and there disregard them; that he had arranged to have a person named Arthur Matthews Jr. to meet him at said stop at Frazier Street and Georgia Avenue, and escort him and assist him in getting home by use of an automobile; that he finally got back to said Frazier Street and Georgia Avenue stop, but that at this time said Arthur Matthews Jr. had left the said place, thinking that plaintiff was not keeping his engagement to arrive at said point on said street-car at said time and place; that he finally hobbled home in the cold upon his crutches, having to rest from time to time, and that the time required, although he exerted himself to his utmost, to arrive at home--plaintiff having to rest and become chilled as a result from time to time--was one and one half hours; that defendant, though its unknown as to name, servant was negligent at said time and place, and did proximately cause his injuries in that: (a) Defendant's motorman didn't notice that plaintiff, a sick and crippled man, as said motorman had observed, had had time to completely get off of the said street-car. (b) That said motorman didn't look to see that plaintiff had got completely off the said street-car. (c) Defendant's motorman didn't give plaintiff time to get off of said street-car and did carry plaintiff past said stop at Frazier Street and Georgia Avenue; that he suffered untold and indescribable agony, both mental and physical in his effort to hobble home on his crutches as aforesaid; that plaintiff became chilled and did catch cold and did suffer the flu during the approximate ten days immediately thereafter, and that during this time plaintiff was unable to get out of bed and plaintiff suffered excruciating pain, agony which no words can describe; and that plaintiff is still weak and will continue to be so for many weeks to come due to his exposure and the consequent cold which he suffered and also the terrible flu."

William A. Thomas, of Atlanta, for plaintiff in error.

MacDougald, Troutman & Arkwright and Wm. H. Schroder, all of Atlanta, for defendant in error.

MacINTYRE Judge.

In Nashville, C. & St. L. Ry. v. Campbell, 212 Ala. 27, 30 101 So. 615, 618, it is said: "As to the inconvenience, discomforts, or hardships resulting from the premature departure of plaintiff's kinsman from the station, whereby she was deprived of the prompt and comparatively comfortable conveyance which he had provided for her, we think they were not fairly and reasonably within...