31 Ga. App. 398 | Ga. Ct. App. | 1923
1. “It is not necessarily, as a matter of law, negligence for a passenger to be upon the platform of a moving train,” or to attempt to alight therefrom, unless the danger is obviously great. Augusta So. R. Co. v. Snider, 118 Ga. 146 (44 S. E. 1005); Suber v. G., C. & N. Ry. Co., 96 Ga. 42 (23 S. E. 387); Tallulah Falls R. Co. v. Harris, 129 Ga. 305, 306 (58 S. E. 838); Cen. of Ga. Ry. Co. v. Forehand, 128 Ga. 547 (1) (58 S. E. 44); Branan v. So. Ry. Co., 135 Ga. 24 (68 S. E. 793); Cotchelt v. Savannah Ry. Co., 84 Ga. 687 (11 S. E. 553); Macon & Western R. Co. v. Johnson, 38 Ga. 409, 438; Cen. of Ga. Ry. Co. v. Weathers, 27 Ga. App. 375 (2) (108 S. E. 556); Sherrod v. Atlanta, Birmingham &c. Ry. Co., 27 Ga. App. 510 (2) (108 S. E.
2. “It has been repeatedly held by the Supreme Court that it is not sufficient, as a basis of recovery, to show a sudden, violent, and unusual jerk of the car; that the proof should also show that the sudden, violent, and unusual jerk or motion of the car was unnecessary at the particular time and place.” Augusta Ry. Co. v. Lyle, 4 Ga. App. 113, 114 (60 S. E. 1075); Ball v. Mabry, 91 Ga. 784 (18 S. E. 64). Under the carrier’s evidence, if the plaintiff was injured thereby, the jerk of the car from which she was alighting was neither unnecessary nor unusual, but only that which was customary in the stopping of the train. Upon direct examination, the plaintiff, whose evidence alone was offered to show the unusualness of the jerk, testified, “You know how a train makes that stop and sudden jerk;” and upon cross-examination: “In riding this train I have noticed a motion or rocking of the train coming to a stop, a kind of a jerk when you are getting up out of your seat, before it stops and you are going to the platform; it gives you a right good jerk,—that is in stopping the train,—and
3. With reference to the exceptions pendente lite and such of the special grounds of the motion for new trial as are not disposed of in the foregoing rulings, or as are likely to recur in a future trial, such grounds, not being argued or insisted upon in the briefs, will be treated as abandoned. Harbin v. Flannigan, 22 Ga. App. 30 (95 S. E. 320), and cases cited.
Judgment reversed.