Legal Opinion · Dissent

Railroad Commission v. Louisville & Nashville Railroad

Supreme Court of Georgia

Decided November 18, 1913Published

Injunction. Before Judge Ellis. Fulton superior court. February 7, 1913. On November 8, 1912, the Bailroad Commission of Georgia passed the following order: “Besolved, by the Commission, that all railroads selling mileage or penny scrip books are hereby required, on and after February 1, 1913, to pull the same on the 'trains of the company selling the same, when presented by the holders for transportation between points wholly within the State 'of • Georgia, except where…

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Injunction. Before Judge Ellis. Fulton superior court. February 7, 1913. On November 8, 1912, the Bailroad Commission of Georgia passed the following order: “Besolved, by the Commission, that all railroads selling mileage or penny scrip books are hereby required, on and after February 1, 1913, to pull the same on the 'trains of the company selling the same, when presented by the holders for transportation between points wholly within the State 'of • Georgia, except where passengers board trains in cities of 10,0(30 population or more according to the United States census of 1910, in which…

1DissentBeck, J.

Upon the back of the mileage books and penny scrip books which are dealt with by the rule of the railroad commission (hereinafter referred to as the commission) are certain conditions and stipulations These are signed by the purchaser at the time of the purchase, and thus between him and the railroad company selling the tickets, whether for scrip or interchangeable mileage, is created an express contract. Under that contract and by virtue of it the purchaser obtains certain advantages which are not enjoyed by one who, about to become a passenger, buys the ordinary ticket to be used for his…

2Cases cited8 opinions

  1. Allgeyer v. LouisianaSupreme Court of the United States · 1897
  2. Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
  3. Frisbie v. United StatesSupreme Court of the United States · 1895
  4. Lake Shore & Michigan Southern Railway Co. v. SmithSupreme Court of the United States · 1899
  5. Mason v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1912

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