104 Ga. 655 | Ga. | 1898
Godkin, a minor, by his next friend, brought suit against the,railroad company for personal injuries sustained, alleging in substance as follows: While descending from the top of a car of a moving freight-train, after a brakeman connected with the train had directed him to leave, he fell and his arm was so mangled by the train, which was moving at the rate of 25 miles an hour, that it had to be amputated. He was on the train with the knowledge, and by the invitation of the conductor in charge of it; he so informed the brakeman, and told the brakeman that the train was going too fast for him to get off; but the brakeman approached him with a long stick in his hand, and in a threatening manner compelled him to descend the ladder at the side of the car, and as he was descending, a jerk of the car threw him under the wheels. He further alleged that his injuries resulted wholly from the wrongful and unlawful acts of the defendant, as stated; that the conduct of the defendant, its agents and servants, was unlawful, wanton and wilful, and that by reason of the circumstances attending the wanton and unlawful conduct of the defendant, its agents and servants, it was liable to him for punitive damages, $5,000, in addition to actual damages, $25,000. Plaintiff’s testimony substantially made out the case presented by his petition, and in his evidence he stated that he was 15 years of age at the time he was injured. He also testified as to his earning capacity being $30 per month. The conductor and brakeman directly contradicted the facts testified to by the plaintiff, and testified that he was on the train without permission, and as a mere trespasser; and that he was injured without the knowledge of defendant’s agents by endeavoring voluntarily to leave the moving train just before it reached the depot at Waycross. There was further testimony in behalf of the defendant, showing statements made by the plaintiff after his injury, contra
Judgment affirmed.