Southern Railway Co. v. Nappier
Supreme Court of Georgia
Action for damages. Before Judge Daniel. Butts superior court. April 8, 1911. Jesse I. Nappier brought suit for damages against the Southern ^Railway Company, alleging in substance as follows: On November 22, 1909, he was in the city of Jackson, Georgia. He purchased from the agent of the defendant at that place a ticket for the town of Jenkinsburg, a station on the line of the defendant.
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Action for damages. Before Judge Daniel. Butts superior court. April 8, 1911. Jesse I. Nappier brought suit for damages against the Southern ^Railway Company, alleging in substance as follows: On November 22, 1909, he was in the city of Jackson, Georgia. He purchased from the agent of the defendant at that place a ticket for the town of Jenkinsburg, a station on the line of the defendant. He entered safely upon the train of the defendant as far as the platform, and attempted to get on the inside of the car to a seat. While he was doing this, the train moved off on its regular schedule. He…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. There was no error in overruling the demurrer to the petition as amended.
2. It is the general duty of a railroad company to furnish sufficient room within its cars for all passengers whom it receives for transportation. 2 Hutchinson on Carriers (3d ed.), § 1113. Similar to this is the rule that the carrier by the customary conveyances used in land travel is usually bound to furnish a passenger with a seat. This is sometimes declared by statute, sometimes held to arise from the contract of carriage. Civil Code (1910), § 2123; 1 Fetter, Carriers of…
2Cases cited6 opinions
- Southern Railway Co. v. O'BryanSupreme Court of Georgia · 1903
- Southern Railway Co. v. DavisSupreme Court of Georgia · 1909
- Atlanta & West Point Railroad v. HaralsonSupreme Court of Georgia · 1909
- Paterson v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
- Blodgett v. BartlettSupreme Court of Georgia · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Charleston & Western Carolina Railway Co. v. McElmurrayCourt of Appeals of Georgia · 1915
- GEC CORPORATION v. LevyCourt of Appeals of Georgia · 1972
- Kaplan v. SandersSupreme Court of Georgia · 1976
- Georgia Southern & Florida Ry. Co. v. CorrySupreme Court of Georgia · 1919
- Central of Georgia Ry. Co. v. GibsonCourt of Appeals of Georgia · 1954
4 more not listed; retrieve them via the Exa API.