Binder v. Georgia Railway & Electric Co.
Court of Appeals of Georgia
Action for damages; from city court of Atlanta — Judge Keid. March 8, 1913. .Binder sued the Georgia Railway & Electric Company for damages on account of an assault alleged to have been made upon him by an agent of the defendant while he was a passenger on one of its ears. The verdict was in favor of the company, and ■ the plaintiff’s motion for a new trial was overruled.
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Action for damages; from city court of Atlanta — Judge Keid. March 8, 1913. .Binder sued the Georgia Railway & Electric Company for damages on account of an assault alleged to have been made upon him by an agent of the defendant while he was a passenger on one of its ears. The verdict was in favor of the company, and ■ the plaintiff’s motion for a new trial was overruled. The evidence makes substantially the following case: Plaintiff, while a passenger, sitting at the front of the defendant’s street-ear, was attracted by a scuffle on the rear end of the car, and, on looking back, saw an…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. We think the general grounds of the motion for a new trial are without merit. The trial judge fully instructed the jury on the principles of law pertinent to the issues, as laid down in the case of Mason v. N., C. & St. L. Ry., 135 Ga. 741 (70 S. E. 225, 33 L. R. A. (N. S.) 280). Of course, the general principle is well recognized that carriers are under a duty to exercise extraordinary diligence to protect passengers not only from the insults of the carrier’s servants, but from the insults of fellow passengers. The jury were authorized to believe in…
2Cases cited9 opinions
- Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
- Gasway v. Atlanta & West Point RailroadSupreme Court of Georgia · 1877
- McBride v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1906
- Ratteree v. ChapmanSupreme Court of Georgia · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- Howard v. Georgia Railway & Power Co.Court of Appeals of Georgia · 1926
- Sarman v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1924
- Livsey v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1917
- Wade v. HopperCourt of Appeals of Georgia · 1953
2 more not listed; retrieve them via the Exa API.