
    Walters v. The Collins Park & Belt Railroad Co.
    Simmons, C. J. — It appeared from the evidence of the plaintiff, who was a passenger upon an open electric car, that he signaled the conductor to stop, that the speed of the car was greatly reduced, that while it was yet in motion the plaintiff stepped out upon the running board, picked up his sample case with his right hand, turned his body a little outward from the car, let loose the upright support with his left hand, and was just in the act of stepping off when the conductor signaled the motorman to go forward, who obeyed, and the car gave a sudden and violent jerk, by reason of which the plaintiff was thrown to the ground and injured. Under these facts it was error to grant a nonsuit, as the jury might have found that the plaintiff was not guilty of such negligence as would bar all right of recovery. But for the signal to go forward, and the jerk, the judgment of nonsuit would have been affirmed.
    November 12,1894.
    By two Justices.
    Action foi' damages. Before Judge Van Epps. City ■court of Atlanta. March term, 1894.
    R. J. Jordan, for plaintiff.
    Hillyer, Alexander & Lambdin, for defendant.
   Judgment reversed.  