Outen v. North & South St. R. Co

• Decision Date: 30 July 1894
• Citation: 94 Ga. 662,21 S.E. 710
• Parties: OUTEN. v. NORTH & SOUTH ST. R. CO.
• Court: Georgia Supreme Court

21 S.E. 710

94 Ga. 662

OUTEN.

v.NORTH & SOUTH ST. R. CO.

Supreme Court of Georgia.

July 30, 1894.

Injury to Street-Car Passenger—Contributory Negligence.

The plaintiff showing by his own evidence that although he had requested the driver of the street car to stop at a designated place, and had received a rude and profane answer, yet, upon failure of the driver to stop, plaintiff had jumped from the car while it was in motion, and without again requesting the driver to stop, or notifying him of his purpose then to alight, and it not appearing that the driver, when he struck the team, knew that the plaintiff was attempting to alight, or that there was any such emergency as would justify the plaintiff in alighting from the moving car, the court committed no error in granting a nonsuit.

(Syllabus by the Court)

Error from city court of Floyd; W. T, Turnbull, Judge.

Action by Robert Outen against the North & South Street-Railroad Company for personal injuries. From a judgment of nonsuit, plaintiff brings error. Affirmed.

The following Is the official report:

Outen sued the street-railroad company for damages, and was nonsuited. His testimony was: He boarded defendant's horse car to go to a point near Chambers' mill, and paid his fare into the box. Driver told him he would put him off wherever he desired. His object was to get off at a point between Kane's store, on upper Broad street and Johnson's store, in Forestville. Between those stores no streets cross the one the car was on. It Is a distance of half a mile. Before he arrived at his destination, he told the driver he desired to alight at the telegraph post, where there is a large sign, which was about 50 yards ahead. On approaching that point he again told the driver he wanted to get off there. Driver replied: "I will stop; but if I don't, by G—— jump off." He was standing at this time on the front platform with the driver. Three other persons were also on the front platform and the car was crowded inside. His elbow or right arm was pressing up against the driver. The driver did not stop at the designated point, but, about 50 feet beyond, slacked up to a slow gait, his horses walking, and the car moving about as fast as a man would in a "peart" walk. Plaintiff went upon the steps to get off, placed his hand upon the iron rail-ing of the car, his left foot on lower step, and raised his right foot, and stepped out straight from the car, "a little in this direction" (indicating to the rear of the car). Just while in this effort, the driver hit the horses, and the car gave a sudden jerk, which threw plaint...