122 Ga. 266 | Ga. | 1905
Meeks was a passenger on a mixed train of the defendant railroad company, having purchased a ticket from Waycross to Douglas. It appears that he had left some bundles at Nicbolls, an intermediate station between Waycross and Douglas, and he inquired of the conductor if the train would stop long ‘enough at Nicbolls for him to get out, secure his packages, and get back on the train before'it started, to which the conductor replied in the affirmative. The train stopped before it reached the depot at Nicholls. Meeks alighted, went to the depot and got some of his bundles, which he carried into the car (the train having come up in the meantime to the depot), and was in the act of carrying another package, a sack of potatoes, into the car, when he was stopped by the conductor, who told him to “ hold on, that he had “ some baggage to put off, and would notify him when to get aboard.” He waited for the notice from the conductor, how long he does not say; but he finally saw the conductor raise his hand on the train and order the engineer forward, and the train started; whereupon he ran to the rear end of the train and attempted to board there. Two train-hands did the same thing, and were on the steps when Meeks took hold of the hand-railing and got upon the first step with one foot. At this time the engine gave a jerk which misplaced his foot and left him in a swinging position, his hands still clinging to the railing, and caused his leg to strike against the depot'platform, injuring him. He managed to climb into the car, unassisted, and went on to the end of his journey, but was badly injured.
Under this state of facts Judge Griffin, of the city court of Valdosta, presiding for the judge of the city court of Douglas,
Judgment affirmed.