Western & Atlantic Railroad v. Earwood
Supreme Court of Georgia
Action for damages. Before Judge Fite. Gordon superior court. February term, 1897. The petition alleges, that on September 6, 1895, petitioner’s husband purchased a ticket of the railroad company for her transportation from Cartersville to Calhoun, paying therefor 90 cents. She was young, and had never traveled on cars before. She had recently been confined, and was then well with an infant in her arms.
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Action for damages. Before Judge Fite. Gordon superior court. February term, 1897. The petition alleges, that on September 6, 1895, petitioner’s husband purchased a ticket of the railroad company for her transportation from Cartersville to Calhoun, paying therefor 90 cents. She was young, and had never traveled on cars before. She had recently been confined, and was then well with an infant in her arms. Through anxiety for her welfare her husband accompanied her on the train from Cartersville to an intermediate point, and requested the conductor, when he collected the ticket, to be kind…
1Opinion of the CourtSimmons, C. J.
“It is undoubtedly the duty of a railway company to provide suitable and safe means for entering and alighting from its trains. But having done this, and having stopped its train in proper position to enable passengers to avail themselves of those means in entering or alighting, it is not bound to render them personal assistance. The contract of the carrier is that he will carry the passenger safely and in a proper carriage, and afford him convenient and safe means for entering and alighting from the vehicle in which he carries him, but he does not contract to render him personal service or…
2Cases cited2 opinions
- Nunn v. Georgia RailroadSupreme Court of Georgia · 1884
- Daniels v. Western & Atlantic RailroadSupreme Court of Georgia · 1895
3Cited by5 opinions
- Southern Railway Co. v. WrightCourt of Appeals of Georgia · 1909
- Southern Railway Co. v. HobbsSupreme Court of Georgia · 1903
- Southern Railway Co. v. ParhamCourt of Appeals of Georgia · 1912
- Metts v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1935
- Georgia Railroad & Banking Co. v. RivesSupreme Court of Georgia · 1912