Atlantic Coast Line Railroad v. Williams
Court of Appeals of Georgia
Action for damages; from Mitchell superior court — Judge Cox. December 26, 1916. This was a suit by a passenger claiming damages for an alleged illegal assault by the operating officials of the railroad company, and an unwarranted ejectment from the train, followed by an unjustified arrest and detention of the plaintiff, alleged to have been instigated by the defendant’s officials.
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Action for damages; from Mitchell superior court — Judge Cox. December 26, 1916. This was a suit by a passenger claiming damages for an alleged illegal assault by the operating officials of the railroad company, and an unwarranted ejectment from the train, followed by an unjustified arrest and detention of the plaintiff, alleged to have been instigated by the defendant’s officials. The order of the trial judge overruling the motion for a new trial was in terms as follows: “The motion for a new trial in the above-stated cause regularly coming on for hearing before me at this time and place,…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
The rule given in the first headnote^is sufficiently supported by the authorities there cited.
Under the rule governing in this State, the sayings of an agent are admissible against the principal only upon the theory that they are a part of the res gestas. Civil Code (Í910), § 3606; Evans v. Atlanta &c. R. Co., 56 Ga. 498; Georgia Ry. &c. Co. v. Harris, 1 Ga. App. 714 (2), 718 (57 S. E. 1076). But see also Charleston &c. Ry. Co. v. Brown, 13 Ga. App. 744, 750 (79 S. E. 932). In order that the declarations of persons competent to make them may constitute a…
2Cases cited13 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Gasway v. Atlanta & West Point RailroadSupreme Court of Georgia · 1877
- Cully v. Northern Pacific Railway Co.Washington Supreme Court · 1904
- Rylee v. Bank of StathamCourt of Appeals of Georgia · 1910
- Western & Atlantic Railroad v. TurnerSupreme Court of Georgia · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lewis v. United Air Lines Transport CorporationDistrict Court, W.D. Pennsylvania · 1940
- Atlantic Coast Line Railroad v. DaughertyCourt of Appeals of Georgia · 1965
- Seaboard Air-Line Railway Co. v. BentonCourt of Appeals of Georgia · 1931
- Wise v. Western Union Telegraph Co.Superior Court of Delaware · 1935
- Robinson Co. v. RiceCourt of Appeals of Georgia · 1929
3 more not listed; retrieve them via the Exa API.