133 Ga. 553 | Ga. | 1909
G. W. Wallis sued the Southern Railway Company for failing to stop its train at a station and to receive him as a passenger, alleging that he was a physician, and had patients at Ken-wood and Helmar, regular stations on the line of defendant’s road, where the defendant’s passenger cars stopped to take on and let off passengers. The remaining paragraphs of the petition were as follows: (4) “That on Feb. 2, 1908, your petitioner was not well, and went on said train to said above-named place for the purpose of seeing his patients, and to keep from driving through the country in the cold and bad weather, on account of his physical condition. (5) That in the afternoon on said day, your petitioner went to Helmar, Georgia, a station on said railroad company’s line, and where they take on passengers, and is a regular flag-station for the purpose of taking on passengers, for the purpose of boarding said train, and when said train came, he, in accordance with the rules of the company -and the custom, flagged said train and tried to wave the same down to a stop for the purpose of getting on said train. (6) Your petitioner shows that the engineer on said train saw him, and saw him give the signal to stop, but said engineer refused to stop or notice your petitioner, but went on by said station and left your petitioner standing there on the ground without any means of conveyance for the purpose of getting home, which acts of said engineer petitioner charges as negligence. (7) Your petitioner says that he had no means of conveyance for reaching home, and could not get any. That it was just at night, cold and bad weather, dark and muddy roads, and your petitioner had to walk home, a distance of seven miles through mud, water and ice; and on account of said walk and said exposure he was made sick and confined to his bed for some time, causing him severe pain and suffering, and that he has not fully recovered from same up to this time.”
The defendant demurred generally and specially to the petition. The court overruled the demurrers, and the case was tried with the result that the plaintiff was allowed $250 as damages. The defendant moved for a new trial, which was refused, and it excepts.
Judgment affirmed.