Legal Opinion

Huggins v. Atlanta & West Point Railroad

Court of Appeals of Georgia

Decided November 27, 1912No. 4309PublishedCited by 1 opinion

Action for damages; from city court of Atlanta — Judge Reid. May 18, 1912. A general demurrer to the petition was sustained.

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Action for damages; from city court of Atlanta — Judge Reid. May 18, 1912. A general demurrer to the petition was sustained. The petition alleged, that the plaintiff bought of the agent of the defendant railroad company at East Point, at 7 o’clock p. m., a ticket from that place to Eairburn, where he lived (a distance of some twelve miles), paying full fare for the ticket, and at once entered the depot which was provided, and the only place provided at East Point by the defendant, for passengers waiting for its trains. The railroad company knew, when it sold the ticket, that he intended to…

1Opinion of the CourtHill, C. J.

This case falls within the principle announced by this court in Smith v. Seaboard Air-Line Railway, 10 Ga. App. 227 (73 S. E. 523), and cases there cited. See, also, Central of Georgia R. Co. v. Motes, 117 Ga. 923 (43 S. E. 990, 62 L. R. A. 507, 97 Am. St R. 223) ; Brown v. Georgia, Carolina & Northern R. Co., 119 Ga. 88 (46 S E. 71).

Judgment affirmed.

W. A. James, J. S. James, for plaintiff. Dorsey, Brewster, Howell & Heyman, for defendant.

2Cases cited3 opinions

  1. Brown v. Georgia, Carolina & Northern Railway Co.Supreme Court of Georgia · 1903
  2. Central of Georgia Railway Co. v. MotesSupreme Court of Georgia · 1903
  3. Smith v. Seaboard Air-line RailwayCourt of Appeals of Georgia · 1912

3Cited by1 opinion

  1. Mooneyham v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Georgia · 1925

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