Hardwick v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Railroads. Negligence. Before F. C. Foster, Esq., judge pro hac vice. Newton superior court. September term, 1889. Hardwick sued the railroad company for damages. The material allegations of the declaration were as follows: On February 5, 1888, plaintiff, in company with his minor son, who was under his employment, control and oversight, boarded defendant’s night passenger-train at Madison station, having tickets purchased from defendant.
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Railroads. Negligence. Before F. C. Foster, Esq., judge pro hac vice. Newton superior court. September term, 1889. Hardwick sued the railroad company for damages. The material allegations of the declaration were as follows: On February 5, 1888, plaintiff, in company with his minor son, who was under his employment, control and oversight, boarded defendant’s night passenger-train at Madison station, having tickets purchased from defendant. The conductor collected plaintiff’s fare to Conyers station and the fare of his son to Almand station; his son at the same time telling the conductor to…
1Opinion of the Court
Bleckley, Chief Justice.
The substance of the declaration is set out in the official report. We concur with the court below in thinking that it sets forth no cause of action. The failure of the company to stop the train at the station was, it is true, negligence and a violation of duty; but that and the plaintiff’s injury were not related to each other as cause and effect. Leaving the door of the ear open whilst the train was in motion was not negligence. Eor, as matter of general information, it is known to all travelers that the doors of passenger-cars can he left open temporarily, without…
2Cited by11 opinions
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- Brehm v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1922
- Rushin v. Central of Georgia Railway Co.Supreme Court of Georgia · 1907
- Georgia Railway & Electric Co. v. GatlinSupreme Court of Georgia · 1914
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