Legal Opinion

Underwood v. Atlanta & West Point Railroad

Court of Appeals of Georgia

Decided September 5, 1962No. 39219PublishedCited by 7 opinions

1Opinion of the Court

Hall, Judge.

1. This court held in its previous opinion that the railroad did not fall within the class of persons for whose benefit the statute (Code Ann. § 68-1663) was enacted. The Supreme Court reversed this court’s ruling on this point. While conceding that the driver of a motor vehicle for hire is regulated by Code Ann. § 68-1663 only when he is carrying a passenger and not regulated by it when he is not carrying a passenger, the Supreme Court nevertheless held that the railroad was within the class of persons for whose benefit Code Ann. § 68-1663 was enacted. Since the decisions of the…

2Cases cited3 opinions

  1. Teague v. KeithSupreme Court of Georgia · 1959
  2. Tucker v. TalmadgeSupreme Court of Georgia · 1938
  3. Barton v. StateCourt of Appeals of Georgia · 1949

3Cited by7 opinions

  1. Flanigan v. RevilleCourt of Appeals of Georgia · 1963
  2. Mayor & Council, City of Hapeville v. AndersonSupreme Court of Georgia · 1980
  3. Harper v. PlunkettCourt of Appeals of Georgia · 1970
  4. Northern Freight Lines, Inc. v. Southern Railway Co.Court of Appeals of Georgia · 1963
  5. Phillips v. BlantonCourt of Appeals of Georgia · 1967

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