Legal Opinion

Scholwin v. Wilbanks

Court of Appeals of Georgia

Decided May 6, 1952No. 34027Published

1Opinion of the CourtGardner, P. J.

The petition as amended does not entitle the plaintiff to the recovery of the damages sought. While a carrier owes to his passenger the duty of protecting him from insult, injury, and mortification, the carrier is not liable where the passenger is arrested by a sheriff under a valid process. See Bright v. Central of Ga. Ry. Co., 12 Ga. App. 364 (77 S. E. 372); Baldwin v. Seaboard Air Line Ry., 128 Ga. 567 (58 S. E. 35); Brunswick & W. R. Co. v. Ponder, 117 Ga. 63 (43 S. E. 430, 60 L.R.A. 713, 97 Am. St. R. 152). The fact that the ticket agent of the defendant carrier at Eastman had a personal…

2Cases cited3 opinions

  1. Brunswick & Western Railroad v. PonderSupreme Court of Georgia · 1903
  2. Baldwin v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1907
  3. Bright v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1913

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