Legal Opinion

Sappington v. Atlanta & West Point Railroad

Supreme Court of Georgia

Decided December 17, 1906PublishedCited by 14 opinions

Action for damages. Before Judge Freeman. Troup superior court. November 7, 1905. The plaintiff alleged in his petition that the railroad company had injured and damaged him in the sum of $5,000, by reason of the following facts: On June 15, 1903, he purchased from the company’s agent at Gabbettsville a ticket entitling him to passage •over its line to Atlanta and return, and used the ticket in going to Atlanta on that date.

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Action for damages. Before Judge Freeman. Troup superior court. November 7, 1905. The plaintiff alleged in his petition that the railroad company had injured and damaged him in the sum of $5,000, by reason of the following facts: On June 15, 1903, he purchased from the company’s agent at Gabbettsville a ticket entitling him to passage •over its line to Atlanta and return, and used the ticket in going to Atlanta on that date. On the following day the plaintiff boarded a passenger train of the defendant at Atlanta, en route to Gabbettsville, and surrendered to the conductor his return ticket'.…

1Opinion of the CourtEvans, J.

(After stating the facts.) The action sounds in tort, and is for the breach of a public duty in failing to stop the train at the station to which the passenger had a ticket, in order to give him an opportunity to alight. When the railroad company sold the passenger a ticket to Atlanta and return, and the return coupon of the ticket was accepted by the conductor on the return trip, the company was under a duty to stop its train at the place of the passenger’s destination and afford him an opportunity to disembark. Pickens v. Ga. R. Co., 126 Ga. 517. The recital of the facts upon which the…

2Cases cited5 opinions

  1. Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
  2. Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
  3. Cowdery v. GreenleeSupreme Court of Georgia · 1906
  4. Central of Georgia Railway Co. v. DorseySupreme Court of Georgia · 1902
  5. Pickens v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1906

3Cited by14 opinions

  1. Hamilton v. Powell, Goldstein, Frazer & MurphyCourt of Appeals of Georgia · 1983
  2. Kuhr Bros., Inc. v. SpahosCourt of Appeals of Georgia · 1954
  3. Hall v. BrowningSupreme Court of Georgia · 1943
  4. Corcoran v. Postal Telegraph-Cable Co.Washington Supreme Court · 1914
  5. Young v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1929

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