Ricks v. Georgia Southern & Florida Railway Co.

45 S.E. 268, 118 Ga. 259, 1903 Ga. LEXIS 522

Opinion

IFish, J.

While it appeared from the testimony introduced by the plaintiff that the defendant railway company was chargeable with a violation of its duty as a common carrier, in that its train was not stopped at the station at which he wished to board it a sufficient length of time to afford him a reasonable opportunity to do so, yet as he confessedly, in order that he might not be left at that station, voluntarily assumed the risk of - attempting to get aboard after the train was started and while it was in motion, the trial court committed no error in granting a nonsuit, he having made no effort to show that the servants of the company were guilty of any misconduct save that of not stopping the train at the station a reasonable length of time.

Judgment affirmed.

By five Justices. G. A. Whitaker, for plaintiff. John I. Hall, B. C. Jordan, and. Cranford & Walker, for defendant.