
    Barnett v. East Tenn., Va. & Ga. Railway Co.
    Negligence. Railroads. Passengers. Amendment. Practice.
    1. A declaration alleging that the conductor of a passenger-train agreed with plaintiff to stop the train for him. to get off at a point Avhere there was no regular station, but at which defendant’s road crossed another railroad at grade, that plaintiff paid his fare to this point, and that on reaching the same the train only slowed up and did not stop, so that plaintiff, “ in order to keep from being carried beyond his destination, was compelled to get from the moving train,” and in so doing was seriously injured, does not set forth a cause of action, it appearing from these allegations that plaintiff’s injury was caused by his own voluntary act in taking a dangerous risk, if the train was moving so rapidly as to make leaving it unsafe, or if not, that the injury must have resulted from a mere accident! or from plaintiff’s own carelessness in getting off.
    
      
      2. Where an amendment to a declaration is offered and disallowed by the court, it does not constitute a part of the record; and in order to have this court review the ruling of the court below in rejecting such offered amendment, it should be set out in the bill of exceptions or annexed to the same as an exhibit, properly'authenticated. Sibley v. Mutual Reserve Fund Life Association, decided this term (ante, 738).
    November 23, 1891.
    Argued at the last term.
    From Floyd superior court. September adjourned term, 1890. Before Judge Maddox.
    Dean & Smith, for plaintiff.
    A. O. Bacon, Dorset & IIowell and W. T. Turnbull, for defendant.
   Judgment affirmed.  