130 Ga. 779 | Ga. | 1908
From the pncontradicted evidence, it appeared that the plaintiff was a passenger on the defendant’s train, and that when about a mile from Winston, a regular "station and the place of the plaintiff’s destination, the porter came in the car where the
It was contended by the defendant that the plaintiff could not recover, because it appeared, from the undisputed evidence, that, by the exercise of ordinary care for his own safety, he could have avoided the consequences of any negligence attributable to the defendant. The announcement of the station by the porter was not an invitation to the plaintiff to leave his seat and put himself in a place of danger. Walker v. Ga. Ry. & Elec. Co., 122 Ga. 368 (50 S. E. 121) ; Kicks v. Ga. So. & Fla. Ry. Co., 108 Ga. 304 (32 S. E. 880). There had been no slackening of speed of the train so as to indicate that it was, about to come to a stop. It was dark, and the train was running at a high rate of speed. There was no evidence of any custom which justified the plaintiff in going out upon, the platform to await the approach of the train to his station, nor was there any necessity for his going. The injury occurred at a place about one mile from the station. Under these circumstances the case falls clearly under the rule announced in Blitch v. Central Railroad, 76 Ga. 333, and there can be no recovery. See also Louisville & N. R. Co. v. Edmondson, 128 Ga. 478 (57 S. E. 877) ; Hicks v. Ga. So. & Fla. Ry. Co., supra ; Paterson Central R. Co., 85 Ga. 653 (11 S. E. 872). On its facts the case at bar is distinguishable from the case of Augusta Southern R. Co. v. Snider, 118 Ga. 146 (44 S. E. 1005), in that the injury happened at night, when the train was running at a high rate of speed, and the danger of going out upon the platform under such circumstances was obvious; whereas in the case of Augusta Southern R. Co. v. Snider the injury happened in the day, when the train was running at the rate of four miles per hour, and the danger was not necessarily obvious. The same distinction exists between
Judgment reversed.