Legal Opinion

Georgia Railroad & Banking Co. v. Murden

Supreme Court of Georgia

Decided November 25, 1889PublishedCited by 3 opinions

Actions. Pleadings. Amendment. Railroads. Passengers. Before Judge Hines. Taliaferro superior court. August term, 1889. Murden sued the railroad company, making the following allegations, in brief: Defendant is a corporation doing business in Georgia, and having a line of road and an agent in Taliaferro county, where the action was brought.

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Actions. Pleadings. Amendment. Railroads. Passengers. Before Judge Hines. Taliaferro superior court. August term, 1889. Murden sued the railroad company, making the following allegations, in brief: Defendant is a corporation doing business in Georgia, and having a line of road and an agent in Taliaferro county, where the action was brought. It has damaged him $5,000, for that, on the morning of August 27, 1888, he went to Robinson, a way-station of defendant in said county, and went upon the passenger-train of defendant known as the night express'. When the conductor or agent of said…

1Opinion of the Court

Bleckley, Chief Justice.

It is plain from the original declaration that the cause of action sought to be set forth was the expulsion of the plaintiff from the cars because he refused to submit to and comply with an overcharge made by exacting fare at conductor’s rates instead of the rate that would have been payable if he had bought a ticket. The complaint was loosely and imperfectly set forth, but the nature of it is quite apparent. Three cents per mile’was tendered, and it' is alleged that that was “the regular fare as governed by the rules of the railroad,” and also that it was night and…

2Cited by3 opinions

  1. City of Columbus v. AnglinSupreme Court of Georgia · 1904
  2. Phillips v. Southern Railway Co.Supreme Court of Georgia · 1901
  3. Brown v. Central of Georgia Railway Co.Supreme Court of Georgia · 1907

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