Brown v. Atlantic Coast Line R. R.
Brown v. Atlantic Coast Line R. R.
Opinion of the Court
The opinion of the Court was delivered by
Plaintiff was a passenger on one of defendant’s trains. While getting off at a station at which the train had stopped' to- let passengers on and off, he was thrown by a sudden- movement of the train and injured, so that his leg had- to be cut off. He recovered judgment against defendant for $1,000- damages.
The error assigned is that the modification led the jury to believe that it was defendant’s duty to see that all passengers had alighted before the train could be moved. We do not think the jury could have been so misled. The whole proposition was charged • in connection with the statute, which modified only the first sentence, which was faulty in that it did not include time for passengers to get *316 on as well as to get off, as the statute requires. The jury must have understood that the last part of the proposition was charged without modification.
Judgment affirmed.
Reference
- Full Case Name
- Brown v. Atlantic Coast Line R. R. Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Carrier — PasseNger—Charge.—The modification of the request to charge that it was the duty of the carrier to stop long enough for passengers desiring to alight to do so, and that it was not its duty to see that such passengers had actually alighted by reading the statute, held not to have led the jury to infer it was the duty of the carrier to see that passengers had alighted. 2. Attorneys. — Burden is on appellant to show comment of attorney on previous verdict was harmful, and. where the record does not show what the comments were this Court cannot consider the exception.