Judges: WHITFIELD, P. J. —
Attorneys: Knight, Thompson Turner, for Plaintiff in Error;
King King, and Hilton S. Hampton, for Defendant in Error.
Filed: Mar. 15, 1927
Latest Update: Mar. 02, 2020
Summary: The declaration herein alleges "that on or about the 28th day of August, 1920, the plaintiff's husband, J. J. Jandreau, was employed as a conductor on one of the cars of the defendant passing along and upon said Seventh Avenue, and plaintiff avers that at said time and place the said car of defendant was so negligently and carelessly operated by the motorman in charge thereof, and while plaintiff's said husband was standing upon the running board of said car, or was about to step upon the same,
Summary: The declaration herein alleges "that on or about the 28th day of August, 1920, the plaintiff's husband, J. J. Jandreau, was employed as a conductor on one of the cars of the defendant passing along and upon said Seventh Avenue, and plaintiff avers that at said time and place the said car of defendant was so negligently and carelessly operated by the motorman in charge thereof, and while plaintiff's said husband was standing upon the running board of said car, or was about to step upon the same, i..
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If this were a case of first impression, I might take a different view of the question presented, both by the demurrer to the declaration and the evidence in the case. But under the principle to which this Court is committed, and which was first announced in Gulf, F. A. R. Co. v. King, supra, it cannot in my opinion be said that a street car motorman, running a street car between corners, and the conductor of the car, engaged in collecting fares, were jointly engaged in performing the act causing the "injury," such act being the running of the car so close to a standing automobile as to strike the body of the conductor who was on the running board.
