Atlantic & Birmingham Railway Co. v. Johnson
Supreme Court of Georgia
Action for damages. Before Judge Mitchell. Tift superior ■court. November 17, 1905. Emma Johnson brought an action for damages against the Atlantic & Birmingham Bailway Company, alleging as follows: On May 20, 1903, she became a passenger on the train of the Tifton, Thomasville & Gulf Bailway Company at Tifton, Georgia, to be transported to Moultrie, and paid her fare. The company did not transport her safely, as it undertook to do, and by law was bound to do.
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Action for damages. Before Judge Mitchell. Tift superior ■court. November 17, 1905. Emma Johnson brought an action for damages against the Atlantic & Birmingham Bailway Company, alleging as follows: On May 20, 1903, she became a passenger on the train of the Tifton, Thomasville & Gulf Bailway Company at Tifton, Georgia, to be transported to Moultrie, and paid her fare. The company did not transport her safely, as it undertook to do, and by law was bound to do. But before the train on which she was riding had left the yards of the company at Tifton it was derailed, and the car in which she was…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The suit was brought in Berrien county. The-petition alleged that the plaintiff became a passenger on the railroad at Tifton, Georgia, and that she was injured before the train had left the railroad yards at that place. The evidence showed that the injury occurred at Tifton. After the date of the verdict (July 17, 1905), and while the motion for a new trial was pending, the act of August 17, 1905 (Acts 1905, p. 60), was passed. It provided for the organization of Tift county from parts of the counties of Berrien, Irwin, and Worth, with Tifton as the…
2Cases cited17 opinions
- Choice v. StateSupreme Court of Georgia · 1860
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- Central Railroad v. SennSupreme Court of Georgia · 1884
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