Savannah v. Watts

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

9 S.E. 129

(82 Ga. 229)

Savannah, F. & W. B. Co.

v.Watts.

Supreme Court of Georgia.

March 1, 1889.

Railroad Companies—Injury to Passenger.

In a suit against a railroad company for personal injuries, it appeared that plaintiff was a passenger on defendant's train. Just before the train reached plaintiff's station, the conductor called out the name of the station, and notified him that the train would stop there. When the train had passed by the platform 165 yards, plaintiff jumped off on an embankment, and broke his leg. After he jumped, the train stopped, and ran back on a side track. Held, that a nonsuit should have been granted.

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. Melntyre, for plaintiff in error. W. M. Hammond, 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, 1 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...