Moses v. East Tennessee, Virginia & Georgia Railroad
Supreme Court of Georgia
Railroads. Damages. Contracts. Before Judge Simmons. Bibb Superior Court. April Term, 1884. Frank H. Moses brought his action for damages against the East Tennessee, Yirginia and Georgia Railroad, alleging that he had been wrongfully ejected from its train. On the trial, the evidence of the plaintiff was, in brief, as follows : In March, 1882, he saw an advertisement of ex ■ cursion tickets from Macon, Georgia, to Jacksonville, Florida, and return, at very low rates.
Read the full summary
Railroads. Damages. Contracts. Before Judge Simmons. Bibb Superior Court. April Term, 1884. Frank H. Moses brought his action for damages against the East Tennessee, Yirginia and Georgia Railroad, alleging that he had been wrongfully ejected from its train. On the trial, the evidence of the plaintiff was, in brief, as follows : In March, 1882, he saw an advertisement of ex ■ cursion tickets from Macon, Georgia, to Jacksonville, Florida, and return, at very low rates. It said nothing about stamping the tickets. He went to the ticket office and asked if he had time to purchase a ticket before…
1Opinion of the Court
Jackson, Chief Justice.
The plaintiff in error sued the defendant in error for ejecting him from the latter’s cars. The jury found for the defendant; a new trial was denied, and plaintiff excepted.
1. The case is controlled by the special contract made between the carrier and the passenger. That contract is, that the passenger should sign his name in Jacksonville before the agent there, before he could return on his excursion ticket. He failed to dó so, and the company had the right to eject him. It was done politely by the conductor, and the passenger was not entitled to damages.
2. The ticket…
2Cited by8 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Brown v. Five Points Parking CenterCourt of Appeals of Georgia · 1970
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
- Dangerfield v. Atchison Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1900
- Wenz v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1899
3 more not listed; retrieve them via the Exa API.