Atlanta & West Point Railroad v. Smith
Atlanta & West Point Railroad v. Smith
Opinion of the Court
John Smith for his wife, Jane Smith, and Jane Smith for herself, sued the railroad company for damages. The nature of the complaint will appear in the report of the testimony. The defendant pleaded the general issue.
On the trial, the plaintiffs showed as follows: Jane Smith was a passenger on defendant’s train from Atlanta to Palmetto. As the train neared the station, the station signal was given, and as it approached still nearer the depot, the name of the station was called and the train slackened its speed; and Jane Smith and' another passenger, and probably others, left the train ; hut it stopped for so short a time that a passenger who immediately preceded Jane Smith in leaving had to jump; and Jane Smith was thrown and sustained the injuries for which she sues. She was seated near the door of the car; was encumbered, according to her statement, with only a valise, and according to the statements of others, with some other small bundles; made arrangements to leave the train as it approached the station, and did expeditiously leave and attempt to alight with due care, but the train started with a sudden jerk and threw her to the ground. The fact that the train stopped for a length of time entirely insufficient to allow passengers to alight safely, was overwhelmingly established by the plaintiffs’ testimony, if the jury were disposed to credit.it. The length of time it stopped is variously estimated by these witnesses at from a second to
The testimony for the defendant conflicted directly with that of the plaintiffs as to the time the train stopped. It was not denied that Jane Smith attempted to alight at the usual place for passengers to alight; but various persons, employés of defendant and others, swore that the train stopped about the usual time, a minute or more, and passengers got on and off safely; that business was attended to by the express messenger on the train and others before it started; that one passenger got off, went a short distance away, left his baggage with a hotel porter and boarded the train again before it got under headway; that another took express matter from the train and went- a short distance before it started; and that another put butter on the train and had a short conversation with the conductor before it started. There was evidence that Jane Smith did not go directly and rapidly out of the train, but was seen standing in the
The jury found for the plaintiffs $500. The defendant moved for a new trial on the grounds that the verdict was contrary to law and evidence, and was excessive. The motion was overruled, and defendant excepted.
Judgment affirmed.
Reference
- Full Case Name
- The Atlanta & West Point Railroad Co. v. Smith et ux.
- Cited By
- 1 case
- Status
- Published