Savannah, F. & W.R. Co. v. Watts

• Decision Date: 01 March 1889
• Citation: 9 S.E. 129,82 Ga. 229
• Parties: SAVANNAH, F. & W. R. Co. v. WATTS.
• Court: Georgia Supreme Court

9 S.E. 129

82 Ga. 229

SAVANNAH, F. & W. R. Co. v. WATTS.

Supreme Court of Georgia

March 1, 1889

Error from superior court, Thomas county; HANSELL, Judge.

Action by one Watts against the Savannah, Florida & Western Railroad Company, to recover damages for personal injuries sustained in jumping from defendant's train. Judgment for plaintiff, and defendant brings error.

A. T McIntyre, for plaintiff in error.

W. M Hammmond, for defendant in error.

SIMMONS J.

Watts sued the railroad company for damages. On the trial he testified to the following state of facts: "On October 6, 1884, I was a passenger from Thomasville to Cairo, and had paid for a ticket to Cairo. Was going there to go home. Was going to my place of business. The train reached Cairo about 3 P. M. I was hurt in getting off the train at Cairo. A bone in my left leg, just above my ankle, was broken. The hurt happened by my jumping off. I made an effort to get off, to get home. As we approached the station, signal to stop was made with the bell. The conductor called out 'Cairo.' Didn't stop still. After I got off, train had slacked but got a little faster. It was going about three miles an hour when I got off. Thought I wouldn't hurt myself by jumping. I was compelled to get off for business. Train was going west towards Chattahoochee. From the rate it was going at the time, and all the circumstances around me, I thought it prudent for me to get off when I did. I was careful in doing so, and would have done so safely, but I jumped on the slant of a little embankment about four feet high, and my leg was broken. When we neared Cairo, the conductor called out 'Cairo.' Conductor notified me they were going to stop at Cairo. I got up, and walked to the platform. After the train was 165 yards from the platform, I jumped off on the embankment. After I jumped, the train stopped, and backed back on the side track. It went to the other end of the switch, and backed back. If I had waited a minute or so I could have gotten off without injury. This was a fast mail train. The fast mail train met there and passed. This train I jumped from only went 50 or 100 yards; then backed on the side track, and in a minute or so the east-bound train passed on the main track. No one told me to jump. I did it of my own accord. Don't know how fast it runs. Ain't got any judgment on that train. May go 60 miles an hour for all I know. Have traveled in trains often, but...