Cole v. Atlanta & West Point Railroad
Supreme Court of Georgia
Action for damages. Before Judge Harris. Coweta superior court. September term, 1896. Cole sued the railroad company on account of mental suffering endured by him from the conduct of its servant toward him while he was a passenger on its train. The declaration was dismissed on demurrer for want of a cause of action. It appears, that plaintiff was a passenger on an excursion-train on which were two conductors.
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Action for damages. Before Judge Harris. Coweta superior court. September term, 1896. Cole sued the railroad company on account of mental suffering endured by him from the conduct of its servant toward him while he was a passenger on its train. The declaration was dismissed on demurrer for want of a cause of action. It appears, that plaintiff was a passenger on an excursion-train on which were two conductors. One of them, Howard, 'passed through the car in which he was seated, and took up his ticket for which he had paid and which entitled him to be carried. Soon thereafter another conductor…
1Opinion of the CourtFish, J.
The plaintiff’s petition set-forth a cause of action. *476“Railroad companies are liable for torts committed by their servants in the prosecution and within the scope of their business, whether the same be by negligence or voluntary.” Western & Atlantic Railroad v. Turner, 72 Ga. 292, 294. Accordingly, a plaintiff is entitled to recover damages for an assault made upon him; and “when to this are added other wrongs and violations of rights and duties; when he was insulted and villified by their agents while under their protection; when they failed to exercise the ‘extraordinary diligence’ which…
2Cases cited15 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
10 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Southern Railway Co. v. ChambersSupreme Court of Georgia · 1906
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Dunn v. Western Union Telegraph Co.Court of Appeals of Georgia · 1907
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Goddard v. WattersCourt of Appeals of Georgia · 1914
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