Legal Opinion

Forster v. Southern Railway Co.

Court of Appeals of Georgia

Decided January 22, 1929No. 19066PublishedCited by 6 opinions

1Opinion of the CourtJenkins, P. J.

1. A railroad company can not be held liable for an injury received by a passenger while being transported over the company’s lines by virtue of a gratuitous pass which provides that the passenger assumes “all risk of personal injury and of loss of or damages to property from whatever causes arising,” unless the injury was inflicted wilfully and wantonly. Lanier v. Bugg, 32 Ga. App. 294 (1) (123 S. E. 145).

2. To authorize a recovery against a railroad company for injuries to a person received while riding on such a free pass, the plaintiff should allege and show that the conduct of the…

2Cases cited5 opinions

  1. New York Central Railroad v. MohneySupreme Court of the United States · 1920
  2. Harris v. ReidCourt of Appeals of Georgia · 1923
  3. Southern Railway Co. v. DavisSupreme Court of Georgia · 1909
  4. Central of Georgia Railway Co. v. MooreCourt of Appeals of Georgia · 1909
  5. Lanier v. BuggCourt of Appeals of Georgia · 1924

3Cited by6 opinions

  1. King v. SmithCourt of Appeals of Georgia · 1933
  2. Arrington v. TrammellCourt of Appeals of Georgia · 1950
  3. Slaton v. HallSupreme Court of Georgia · 1931
  4. Louisville N. R. Co. v. GeorgeCourt of Appeals of Kentucky (pre-1976) · 1939
  5. Reid v. Sinclair Refining Co.Court of Appeals of Georgia · 1940

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