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Atlanta Transit System, Inc. v. Simpson

Court of Appeals of Georgia
Jun 14, 1976
228 S.E.2d 20 (Ga. Ct. App. 1976)

Opinion

51991.

SUBMITTED APRIL 12, 1976.

DECIDED JUNE 14, 1976.

Action for damages. Fulton Superior Court. Before Judge Fryer.

Kennedy, Bussey Sampson, Thomas G. Sampson, Donald P. Edwards, for appellants.

Francis G. Jones, Jr., for appellee.


Plaintiff was a passenger on defendant's bus. Because the bus was crowded, she was standing near the rear door. As the bus was making a left turn off Decatur Street onto Butler Street, it braked sharply to avoid a collision with a truck going in the opposite direction on Decatur Street. Plaintiff fell and injured herself. Defendants appeal from a verdict and judgment in favor of plaintiff. Held:

A carrier of passengers must exercise extraordinary diligence to protect its passengers from injury. Code § 18-204; Dishinger v. Suburban Coach Co., 84 Ga. App. 498, 507 (4) ( 66 S.E.2d 242). Questions of negligence, contributory negligence, cause and proximate cause, and whose negligence was the proximate cause of injury are solely for the jury, except in plain, palpable and indisputable cases. Burger Barn, Inc. v. Young, 131 Ga. App. 828 (3) ( 207 S.E.2d 234); Otto v. Hendry, 132 Ga. App. 598 (3) ( 208 S.E.2d 611). The jury heard the evidence. They were correctly charged and found in favor of plaintiff. There is sufficient evidence of record to support their verdict and the judgment of the court. The general grounds are without merit.

Judgment affirmed. Deen, P. J., and Webb, J., concur.


SUBMITTED APRIL 12, 1976 — DECIDED JUNE 14, 1976.


Summaries of

Atlanta Transit System, Inc. v. Simpson

Court of Appeals of Georgia
Jun 14, 1976
228 S.E.2d 20 (Ga. Ct. App. 1976)
Case details for

Atlanta Transit System, Inc. v. Simpson

Case Details

Full title:ATLANTA TRANSIT SYSTEM, INC. et al. v. SIMPSON

Court:Court of Appeals of Georgia

Date published: Jun 14, 1976

Citations

228 S.E.2d 20 (Ga. Ct. App. 1976)
139 Ga. App. 34

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