Higgins v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Ross. City court of Macon. December term, 1895. Edward T. Higgins, by his next friend, brought suit, against the railway company for damages. Upon demurrer his petition was dismissed for want of cause of action.
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Action for damages. Before Judge Ross. City court of Macon. December term, 1895. Edward T. Higgins, by his next friend, brought suit, against the railway company for damages. Upon demurrer his petition was dismissed for want of cause of action. The petition alleges, that on Nov. 21, 1894, plaintiff was; riding on a freight-train on defendant’s road from Atlanta to Macon, by leave and permission from the flagman on said train, he having paid the flagman twenty-five cents for the-privilege of so riding, which was accepted by the flagman, and in consideration of which he gave plaintiff…
1Opinion of the Court
Lumpkin, Justice,
The plaintiff’s action was dismissed on demurrer. It appears from the allegations of his declaration that he was *753riding upon a freight-train of the defendant “on top of a caboose,” with the permission of a flagman, but without the' knowledge or consent of the conductor. The latter, upon discovering the plaintiff, cursed him; and while he was running “across the caboose in order to get off,” shot him with a pistol, inflicting a severe and dangerous wound upon his thigh.
Undoubtedly it is the duty of a railroad conductor to determine what persons are entitled to ride upon a…
2Cases cited1 opinion
- Georgia Railroad & Banking Co. v. WoodSupreme Court of Georgia · 1894
3Cited by10 opinions
- Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Charleston & Western Carolina Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
- Mciver v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1900
- Savannah, Florida & Western Railway Co. v. GodkinSupreme Court of Georgia · 1898
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