Smith v. Seaboard Air-line Railway
Court of Appeals of Georgia
Certiorari; from Liberty superior court — Judge Seabrook. Suit in tbe county court was brought against the Seaboard AirLine Railway, to recover damages for a tort. The court sustained a general demurrer to the petition. On certiorari, the superior court affirmed the judgment; and the judgment of the superior court is here for review.
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Certiorari; from Liberty superior court — Judge Seabrook. Suit in tbe county court was brought against the Seaboard AirLine Railway, to recover damages for a tort. The court sustained a general demurrer to the petition. On certiorari, the superior court affirmed the judgment; and the judgment of the superior court is here for review. The petition makes in substance the following case: At 8 o’clock at night the petitioner, in company with two other persons, went to the railway station at Eiceboro, Georgia, for the purpose of becoming a passenger on the Seaboard Air-Line Eailway train going to…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) The basis of liability for negligent torts is breach of duty, and in this case the railroad company is sued for damages for a breach of its public duty as a carrier of passengers. If the railroad company, under the allegations in the petition, owed the plaintiff a duty which was violated, and without any fault on her part damage resulted to her, she would have a right to recover. Did the railroad company owe her any duty? Learned counsel for the plaintiff contend that at common law it was the duty of railroad companies to provide comfortable waiting-rooms…
2Cases cited3 opinions
- Phillips v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Riley v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1909
- Central of Georgia Railway Co. v. MotesSupreme Court of Georgia · 1903
3Cited by3 opinions
- Mooneyham v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Georgia · 1925
- Huggins v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1912
- Rome Railway & Light Co. v. JacksonCourt of Appeals of Georgia · 1924