White v. Atlanta Consol. St. R. Co.
| Decision Date | 15 May 1893 |
| Citation | 17 S.E. 672,92 Ga. 494 |
| Parties | WHITE v. ATLANTA CONSOLIDATED ST. R. CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
From the evidence submitted by the plaintiff the jury might have inferred negligence on the part of the defendant, and that the plaintiff's injury was caused thereby, without such contributory negligence on his part as would bar any and all recovery. It is not per se negligence for a person, with something in each hand, to board or attempt to board an electric street car while it is in the act of stopping to receive passengers, and before it has come to a full stop. Such boarding or attempt may or may not be negligence, according to circumstances. In this case the circumstances were not so decisive as to dispense with a jury. The court erred in granting a nonsuit. The plaintiff had an umbrella in one hand and a handkerchief in the other.
Error from city court of Atlanta; Howard Van Epps, Judge.
Suit by C.J. White against the Atlanta Consolidated Street Railroad Company. There was judgment of nonsuit. Plaintiff brings error. Reversed.
Hoke Smith and J. R. Pendleton, for plaintiff in error.
E. & G. F. Mitchell and N. J. & T. A. Hammond, for defendant in error.
Judgment reversed.
To continue reading
Request your trial