The Western v. Drysdale

• Decision Date: 31 January 1874
• Citation: 51 Ga. 645
• Court: Georgia Supreme Court
• Parties: The Western and Atlantic Railroad Company, plaintiff in error. v. Alexander J. Drysdale, defendant in error.

51 Ga. 645

The Western and Atlantic Railroad Company, plaintiff in error. v. Alexander J. Drysdale, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1874.)

Damages. Railroads. Before Judge Hopkins. Fulton Superior Court. April Term, 1873.

Drysdale brought case against the Western and Atlantic Railroad Company for $25,000 00 damages for injuries to his person, and for $500 00 for expenses of nursing. The declaration alleged that on October 5th, 1871, the defendant, a common carrier, contracted, for a valuable consideration, to transport him from the town of Marietta to the town of Dalton; that he entered a passenger coach of said defendant, at the point first aforesaid, for the purpose of being transported as stated; that he attempted to shut the window near which he was sitting, when a freight train passed him on a sidetrack, going in an opposite direction, and a standard on a lumber car struck his left arm and broke it between the elbow joint and the shoulder; that he was confined to his bed for thirty days, compelled to expend money for attention, etc.; *that the injury was caused by the defendant's negligence in not having the standard in an erect position, but leaving it inclined.

The defendant pleaded the general issue. The evidence made, in substance, the following case:

Plaintiff was an Episcopal clergyman. In October, 1871, heand his family embarked on the train of the defendant at Marietta, for the purpose of being transported to Dalton. As the train was moving off he was in the act of shutting a window, and as a freight train, which was standing on a sidetrack, was passed, a standard on a lumber car attached to said last mentioned train, struck his arm and broke it immediately above his elbow. The evidence was somewhat conflicting as to whether his arm projected out of the car window, but there was nothing to show that he was not attempting to close the window in the ordinary and customary manner. The evidence was also somewhat conflicting as to whether the standard struck the passenger coach at any other point except where the defendant was sitting, though the preponderance seemed to show that it scraped along the length of the car. The plaintiff was traveling on a clergyman\'s half-fare ticket. Was confined to his bed ten or twelve days, and prevented from attending to his usual duties for eight weeks. Went to work earlier than his physician advised, and suffered great inconvenience and pain from time to time, for six or eight months, not being able to take off or put on his clothes. He had not, at the time of the trial, the full use of his arm. Was paid at the rate of $1,400 00 per annum. Was employed by the Bishop of the Episcopal Church.

The jury found for the plaintiff $3,000 00. The defendant moved for a new trial upon...