Atlanta Terminal Co. v. American Baggage & Transfer Co.
Supreme Court of Georgia
Injunction. Before Judge Pendleton. Fulton superior court. October 13, 1905. The Southern Railway Company, the Atlanta and West Point Railroad Company, and the Central of Georgia Railway Company are each engaged in running and operating commercial railroads for the purpose, among others, of carrying passengers. Their passenger-trains enter and depart from the same depot in the city of Atlanta. Through that depot the travel and consequent handling of baggage is very great.
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Injunction. Before Judge Pendleton. Fulton superior court. October 13, 1905. The Southern Railway Company, the Atlanta and West Point Railroad Company, and the Central of Georgia Railway Company are each engaged in running and operating commercial railroads for the purpose, among others, of carrying passengers. Their passenger-trains enter and depart from the same depot in the city of Atlanta. Through that depot the travel and consequent handling of baggage is very great. None of them has made provision in that city for ingress and egress by passengers with their baggage to and from its…
1Opinion of the CourtAtkinson, J.
(After stating the facts.)
1. The several railroads which enter the Terminal station in Atlanta are public institutions only in a qualified sense; that is to say, they are open to engagement by and are bound to serve all the public, and during the term of engagement are public institutions as to those who have called- them into service. Relatively to persons not so engaging and calling them into service, they are private institutions, and, as private corporations, may conduct the corporate business. In other words, the public character of the corporation as a common carrier lies dormant until…
2Cases cited3 opinions
- Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
- Fluker v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1889
- Kates v. Atlanta Baggage & Cab Co.Supreme Court of Georgia · 1899
3Cited by8 opinions
- Palmer v. Atlantic Ice & Coal Corp.Supreme Court of Georgia · 1934
- Nashville, Chattanooga & St. Louis Ry. v. HamCourt of Appeals of Georgia · 1948
- Hart v. Atlanta Terminal Co.Supreme Court of Georgia · 1907
- Hawkins v. Vermont Hydro-Electric Corp.Supreme Court of Vermont · 1924
- Atlanta Terminal Co. v. Georgia Public Service CommissionSupreme Court of Georgia · 1927
3 more not listed; retrieve them via the Exa API.