Legal Opinion

Ivey v. Louisville & Nashville Railroad

Court of Appeals of Georgia

Decided September 23, 1913No. 4901Published

Action for damages; from city court of Sparta — Judge Moore. April 17, 1913. The petition, as amended, alleges, that the defendants are lessees of the Georgia Railroad, and that they damaged the plaintiff in the sum of $500 by reason of the following facts: On the second Sunday in September, 1912, plaintiff purchased “a ticket of the agent of defendants” at Sparta, Georgia, “from said station to Atlanta, Georgia,” and paid for it.

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Action for damages; from city court of Sparta — Judge Moore. April 17, 1913. The petition, as amended, alleges, that the defendants are lessees of the Georgia Railroad, and that they damaged the plaintiff in the sum of $500 by reason of the following facts: On the second Sunday in September, 1912, plaintiff purchased “a ticket of the agent of defendants” at Sparta, Georgia, “from said station to Atlanta, Georgia,” and paid for it. He took passage on the train from Sparta towards Macon, Georgia, at 10:14 o’clock a. m., and the conductor on the train, the employee of the defendants, passing…

1Opinion of the CourtRussell, J.

As against a general demurrer, the petition set forth a causS of action for the recovery of the sum paid by plaintiff for transportation from Sparta to Atlanta over the defendant’s railroad. As to other elements of damage, the petition set forth no cause of action. Johnson v. Seaboard Air-Line Railway, 13 Ga. App. 298 (79 S. E. 91).

Judgment reversed.

2Cases cited1 opinion

  1. Johnson v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1913

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