Holleman v. Georgia Southern & Florida Railway Co.

Court of Appeals of Georgia

Holleman v. Georgia Southern & Florida Railway Co.

78 S.E. 428, 12 Ga. App. 755, 1913 Ga. App. LEXIS 742

CourtCourt of Appeals of Georgia

DecidedJune 10, 1913

Docket4719

StatusPublished

Cited by3 cases

This text of 78 S.E. 428 (Holleman v. Georgia Southern & Florida Railway Co.) 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.

Bluebook

Holleman v. Georgia Southern & Florida Railway Co., 78 S.E. 428, 12 Ga. App. 755, 1913 Ga. App. LEXIS 742 (Ga. Ct. App. 1913).

Pincite

Opinion

Hile, C. J.

A passenger was unable to obtain a seat on a car, on account of its crowded condition. He asked the conductor for a seat, and the conductor replied that there was no seat for him. The car was so crowded that he could get only a “little piece” in the door. While he was standing near the door, which was open, the ear gave a sudden jerk, harder and more severe than the ordinary jerk, and, by reason of the jerk, he lost his balance; and, in endeavoring to regain it and to keep from falling outside the door, he caught with his hand the facing of the door, which, by reason of the sudden jerk, slammed against the fingers of his hand, causing the injuries complained of. Held; These facts raised a presumption of negligence against the company, and, in order to exculpate itself, it should show that the jerk which was the proximate cause of the injury was either incident to the ordinary and usual operation of the train, or was the necessary result of its operation ' at the particular time. The court erred in granting a nonsuit.

Judgment reversed.

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Hile, C. J.

A passenger was unable to obtain a seat on a car, on account of its crowded condition. He asked the conductor for a seat, and the conductor replied that there was no seat for him. The car was so crowded that he could get only a “little piece” in the door. While he was standing near the door, which was open, the ear gave a sudden jerk, harder and more severe than the ordinary jerk, and, by reason of the jerk, he lost his balance; and, in endeavoring to regain it and to keep from falling outside the door, he caught with his hand the facing of the door, which, by reason of the sudden jerk, slammed against the fingers of his hand, causing the injuries complained of. Held; These facts raised a presumption of negligence against the company, and, in order to exculpate itself, it should show that the jerk which was the proximate cause of the injury was either incident to the ordinary and usual operation of the train, or was the necessary result of its operation ' at the particular time. The court erred in granting a nonsuit.

Judgment reversed.

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Bluebook (online)

78 S.E. 428, 12 Ga. App. 755, 1913 Ga. App. LEXIS 742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holleman-v-georgia-southern-florida-railway-co-gactapp-1913.

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