Georgia Railway & Electric Co. v. Baker
Supreme Court of Georgia
Action for damages. Before Judge Reid. City court of Atlanta. November 7, 1903. The petition alleges : The plaintiff’s wife entered a car of the defendant company, and, being very- weak and sick, and the car having started before she could get inside, she had to take a seat in the rear end of it. The conductor commanded her to move up to the front.
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Action for damages. Before Judge Reid. City court of Atlanta. November 7, 1903. The petition alleges : The plaintiff’s wife entered a car of the defendant company, and, being very- weak and sick, and the car having started before she could get inside, she had to take a seat in the rear end of it. The conductor commanded her to move up to the front. She explained to him that she was sick and weak and unable to move, and told him that as soon as she was able to do so she would move. He continued to command her, in a very uncivil manner, to move, telling her that if she did not move he would put…
1Opinion of the Court
Simmoks,' C. J.
This case is controlled by Cole v. Railroad Co., 102 Ga. 474, Savannah, F. & W. Ry. Co. v. Quo, 103 Ga. 125, and Mabry v. Railway Co., 116 Ga. 624. See also 4 Elliott on Railroads, § 1638; 6 Cyc. 602 ; 5 A. & R. Enc. Law (2d ed) 550. Judgment affirmed.
All the Justices concur. Rosser & Brandon, Walter T. Colqioitt, and Ben. J. Conyers, for plaintiff in error, cited Civil Code, §’§2270, 3837, 3912; 102 Ga. 474, 478; 110 Ga. 337; 116 Ga. 655; 88 Ga. 763; 111 Ga. 824; 17 N. Y. 54 (72 Am. D. 420); 17 N Y. 442; 5 Hurlst. & Norm. 534; 175 111. 401 (42 L. R. A. 199); 151 N. Y. 107 (56…
2Cases cited8 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Terwilliger v. . WandsNew York Court of Appeals · 1858
- Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
- Savannah, Florida & Western Railway Co. v. QuoSupreme Court of Georgia · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Young v. Western & Atlantic RailroadCourt of Appeals of Georgia · 1929
- Georgia Railway & Electric Co. v. BakerCourt of Appeals of Georgia · 1907
- Southern Railway Co. v. HuckabaCourt of Appeals of Georgia · 1914