128 Ga. 87 | Ga. | 1907
(After- stating the facts.) It is complained, in the motion for new trial, that the court, in its instructions to the jury, charged as follows: “If find that the plaintiff gave proper notice to the street-car employees of his desire to become a pas-, senger upon the car in question and that the said car was, in consequence thereof, arrested as if it were going to stop, or did actually stop, by an act of the employee of the defendant, and that then the plaintiff endeavored to get upon said car, then the plaintiff, while so -endeavoring to get on said car, was a passenger under the care of the defendant company as such; and if the jury further find that the plaintiff was injured by the negligent starting of the car, while he was in the act of getting thereon, and while he was himself in the exercise of ordinary care for his own safety, then you would be authorized to find fbr the plaintiff. But if you find, from the evidence, that the car slowed up solely because of nearing a curve, not for the purpose of enabling a' person desiring to do so to become a passenger thereon, and' not in response to any signal or notice from the plaintiff to defendant’s employees, then the plaintiff
Judgment reversed.