Legal Opinion

Sims v. Georgia Railway & Electric Co.

Supreme Court of Georgia

Decided August 2, 1905PublishedCited by 38 opinions

Action for damages. Before Judge Reid. City court of Atlanta. November 5, 1904. This was a suit for damages, brought by E. E. Sims against the Georgia Railway and Electric Company upon the following state of facts: Plaintiff boarded one' of the cars of the company at the corner of Broad and Marietta streets in the city of Atlanta, with a view to going to a point \m the south side of the city.

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Action for damages. Before Judge Reid. City court of Atlanta. November 5, 1904. This was a suit for damages, brought by E. E. Sims against the Georgia Railway and Electric Company upon the following state of facts: Plaintiff boarded one' of the cars of the company at the corner of Broad and Marietta streets in the city of Atlanta, with a view to going to a point \m the south side of the city. He gqye to the conductor a quarter of a dollar in money of the United States, which was all the change he had with him, and the conductor returned to him two five-cent pieces and one ten-cent piece. The…

1Opinion of the CourtEvans, J.

(After stating the facts.) The objections to the plaintiff’s petition raised by the defendant company’s demurrer were, (1) that it was immaterial whether one of its conductors had or had not given to him the Canadian coin which he tendered to the conductor of the car which he boarded for the purpose of returning to the center of the city; (2) that the facts recited were not such as to render the company liable to the plaintiff as a passenger for the abusive treatment of its conductor in charging him with endeavoring to pass a counterfeit coin; and (3) that the company could not be held…

2Cases cited5 opinions

  1. Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
  2. Georgia Northern Railway Co. v. Hutchins & JenkinsSupreme Court of Georgia · 1904
  3. McCandless v. ConleySupreme Court of Georgia · 1902
  4. Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
  5. Waycross Air-Line Railroad v. Southern Pine Co.Supreme Court of Georgia · 1902

3Cited by38 opinions

  1. Hawkins v. StuddardSupreme Court of Georgia · 1909
  2. Missouri State Life Insurance v. LovelaceCourt of Appeals of Georgia · 1907
  3. Reserve Life Insurance Co. v. AyersSupreme Court of Georgia · 1961
  4. Phinizy v. PhinizySupreme Court of Georgia · 1922
  5. Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908

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