121 Ga. 29 | Ga. | 1904
The plaintiffs husband, for whose homicide the-present suit was brought, was a passenger on a car of the defendant street-railway company, occupying a standing position on the rear platform. The following printed notice was posted on the. . car : “ It is dangerous to ride upon this platform or steps; to get on or off cars while in motion ; to get on or off -cars next to ad-, joining tracks. Passengers violate these warnings at their 'own risk.” It was in evidence on the trial, however, that no smoking was allowed inside the car, passengers who desired to smoke being-required to ride on the platform, and that the deceased was smoking at the time of the occurrence under investigation. At the point where the deceased wished to get off the car, the track of the street-car company was intersected by tracks of a steam railroad. As the car approached this point, the deceased got down on the step of the platform, with the evident intention of alighting-therefrom, but, before he could do so, a locomotive of the steam railroad company collided with the street-car, and he was thrown.
The motion for a new trial is voluminous, and contains many grounds; but only those which have been dealt with in the foregoing require discussion here. Several grounds of the motion complain of alleged error in the admission of evidence; and while some of the evidence objected to appears to have been irrelevant, it is hardly conceivable that it could have injuriously affected the rights of the defendant. Some of the requests to charge were objectionable as not stating correct principles of law, some asked
Reversed.