Metropolitan Street Railroad v. Moore
Supreme Court of Georgia
Street-railroads. Passengers. Infants. Negligence. Damages. Before Judge Marshall J. Clarke. Pulton superior court. March term, 1889. Butler Moore, by bis next friend, sued tbe railroad company for personal injuries. • According to bis evidence, be was nine years old at tbe time of tbe injury. Had been up town to procure some meal for bis mother, which he intended to send home by the driver of one of defendant’s cars.
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Street-railroads. Passengers. Infants. Negligence. Damages. Before Judge Marshall J. Clarke. Pulton superior court. March term, 1889. Butler Moore, by bis next friend, sued tbe railroad company for personal injuries. • According to bis evidence, be was nine years old at tbe time of tbe injury. Had been up town to procure some meal for bis mother, which he intended to send home by the driver of one of defendant’s cars. Got on the car and rode for some distance on the front platform; had no money to pay his fare; was not going to ride, but the driver told him to get up ; did not tell the driver…
1Opinion of the Court
Bleckley, Chief Justice.
1. The authorities od the subject are ample to show that the plaintiff was entitled to the rights of a passenger, and being a child only nine years of age, he had upon the driver’s diligence a claim in accordance with his tender years. Wilton v. R. R. Co., 107 Mass. 108, s. c. 9 Am. R. 11; Pittsburg, A. and M. R. Co. v. Caldwell, 74 Pa. St. 421; Muelhausen v. R. R. Co., 91 Mo. 332 ; Brennan v. R. R. Co., 45 Conn. 284, s. c. 29 Am. R. 679; Wood on Master and Servant, (2d ed.) 636, section 319 ; Beach on Contributory Negl., sec. 93; East Saginaw Street R. Co. v. Bohn,…
2Cases cited3 opinions
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Brennan v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1877
3Cited by6 opinions
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Wynn v. City & Suburban RailwaySupreme Court of Georgia · 1893
- Danbeck v. New Jersey Traction Co.Supreme Court of New Jersey · 1895
- Denison & Sherman Railway Co. v. CarterTexas Supreme Court · 1904
- Lovejoy v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
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