121 Ga. 317 | Ga. | 1904
Suit for damages for personal injuries was brought by Hutchins against certain railroad companies. . The evidence, taken most strongly in favor of the plaintiff, showed that he had gone to the railroad station at Lawrenceville with some persons who intended to' take passage on one of the defend' ants’ trains. These persons were one Oliver and his wife and children. When the train arrived there were some twenty-five or
The evidence demanded a verdict for the defendants. Even if the jury could properly have inferred that the conductor heard Oliver request plaintiff to assist Mrs. Oliver to board the train, there was absolutely nothing to put the conductor or any other agent of the defendants upon notice that the plaintiff intended to disembark at the same station. The conductor denies having heard the request, but, even had he. done so, he might well have believed that the plaintiff was one of the persons who intended to take passage on the train, that he was merely assisting a fellowpasséhger, and intended to remain in the car. There being nothing to put the defendants upon notice of plaintiffs intention, they were not bound to hold their train until he had time to disembark, nor to notify him before the train was started. Coleman v. Georgia R. Co., 84 Ga. 1; McLarin v. Atlanta R. Co., 85 Ga. 504. Indeed the cases just cited are controlling in the present
Judgment reversed.