Atlanta Transit System, Inc. v. Simpson

Court of Appeals of Georgia

Atlanta Transit System, Inc. v. Simpson

228 S.E.2d 20, 139 Ga. App. 34, 1976 Ga. App. LEXIS 1667

CourtCourt of Appeals of Georgia

DecidedJune 14, 1976

Docket51991

StatusPublished

Cited by2 cases

This text of 228 S.E.2d 20 (Atlanta Transit System, Inc. v. Simpson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Atlanta Transit System, Inc. v. Simpson, 228 S.E.2d 20, 139 Ga. App. 34, 1976 Ga. App. LEXIS 1667 (Ga. Ct. App. 1976).

Pincite

Opinion

Quillian, Judge.

Plaintiff was a passenger on defendant’s bus. Because the bus was crowded, she was standing near the rear door. As the bus was making a left turn off Decatur Street onto Butler Street, it braked sharply to avoid a collision with a truck going in the opposite direction on Decatur Street. Plaintiff fell and injured herself. Defendants appeal from a verdict and judgment in favor of plaintiff. Held:

A carrier of passengers must exercise extraordinary diligence to protect its passengers from injury. Code § 18-204; Dishinger v. Suburban Coach Co., 84 Ga. App. 498, 507 (4) (66 SE2d 242). Questions of negligence, contributory negligence, cause and proximate cause, and whose negligence was the proximate cause of injury are solely for the jury, except in plain, palpable and indisputable cases. Burger Barn, Inc. v. Young, 131 Ga. App. 828 (3) (207 SE2d 234); Otto v. Hendry, 132 Ga. App. 598 (3) (208 SE2d 611). The jury heard the evidence. They were correctly charged and found in favor of plaintiff. There is sufficient evidence of record to support their verdict and the judgment of the court. The general grounds are without merit.

Judgment affirmed.

Deen,P. J., and Webb,J., concur.

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Quillian, Judge.

Plaintiff was a passenger on defendant’s bus. Because the bus was crowded, she was standing near the rear door. As the bus was making a left turn off Decatur Street onto Butler Street, it braked sharply to avoid a collision with a truck going in the opposite direction on Decatur Street. Plaintiff fell and injured herself. Defendants appeal from a verdict and judgment in favor of plaintiff. Held:

A carrier of passengers must exercise extraordinary diligence to protect its passengers from injury. Code § 18-204; Dishinger v. Suburban Coach Co., 84 Ga. App. 498, 507 (4) (66 SE2d 242). Questions of negligence, contributory negligence, cause and proximate cause, and whose negligence was the proximate cause of injury are solely for the jury, except in plain, palpable and indisputable cases. Burger Barn, Inc. v. Young, 131 Ga. App. 828 (3) (207 SE2d 234); Otto v. Hendry, 132 Ga. App. 598 (3) (208 SE2d 611). The jury heard the evidence. They were correctly charged and found in favor of plaintiff. There is sufficient evidence of record to support their verdict and the judgment of the court. The general grounds are without merit.

Judgment affirmed.

Deen,P. J., and Webb,J., concur.

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228 S.E.2d 20, 139 Ga. App. 34, 1976 Ga. App. LEXIS 1667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlanta-transit-system-inc-v-simpson-gactapp-1976.

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