15 Ga. App. 265 | Ga. Ct. App. | 1914
1. It is the duty of a railway company to provide at its stations sufficient and reasonably safe means to enable passengers to alight from ears without danger, and to stop its cars at a place where prudent persons may safely descend therefrom. Where a train of a railway company passes a station or the usual place for passengers to alight, or stops short thereof, and the carrier requires a passenger to alight without assistance, in an unusual and unsafe place, it will be liable for any injury resulting therefrom. 2 Moore on Carriers (2d ed.), 1231-1233, and authorities there cited.
2. Where the relation of carrier and passenger is once established, it continues until the passenger is safely deposited at his point of destination, unless it be terminated by the voluntary act of the passenger, or by the carrier under circumstances which would justify such a course. Brunswick & Western R. Co. v. Moore, 101 Ga. 684 (28 S. E. 1000). “It is the duty of a railway company to carry its passengers safely to their destination, stop a sufficient length of time to allow them to leave the
4. Where sleeping-cars not owned by the railway company are a part of a train, and are attached to it presumably in the interest of the railway company, the railway company is still bound by its ordinary obligations and liabilities as a common carrier of passengers to those who make use of the accommodations afforded by the sleeping-cars. In all matters relating to the passenger’s safety, the conductor, the porter, and other servants of such cars are the servants of the company of whose train the cars are for the time being a part. Dwinelle v. New York Central &c. R. Co., 120 N. Y. 117 (24 N. E. 319, 8 L. R. A. 224, 17 Am. St. R. 611, 44 Am. & Eng. R. Cas. 384) ; Thorpe v. New York Central &c. R. Co., 76 N. Y. 402 (32 Am. R. 325); Pennsylvania R. Co. v. Roy, 102 U. S. 451 (26 L. ed. 141, 1 Am. & Eng. R. Cas. 225); Evansville R. Co. v. Athon, 2 Ind. App. 295 (33 N. E. 469, 51 Am. St. R. 303); Williams v. Pullman Palace Car Co., 40 La. Ann. 417 (4 So. 85, 8 Am. St. R. 538) ; Kinsley v. Lake Shore &c. R. Co., 125 Mass. 54 (28 Am. R. 200) ; Wilson v. Baltimore &c. R. Co., 32 Mo. App. 682; Bevis v. Baltimore &c. R. Co., 26 Mo. App. 19; Hillis v. Chicago &c. R. Co., 72 Iowa, 228 (33 N. W. 643) ; Louisville &c. R. Co. v. Ray, 101 Tenn. 1 (46 S. W. 554, 11 Am. & Eng. R. Cas. (N. S.) 174).
5. Where a passenger of the Southern Railway Company purchased a ticket of the Pullman Company entitling her to ride in a Pullman car, which was a part of the train in which she was a passenger over the line of the railway company, and, on reaching her destination after dark, was “ordered to alight from said car” by “the person who had charge of said car,” and did alight at an unusual, unsafe, and dangerous place (the train having stopped short of the station), and thereby suffered injuries, her right of action, if any, was against the railway company, and not against the Pullman Company.
Judgment affirmed.