Tompkins v. Augusta Southern Railroad
Supreme Court of Georgia
Action for damages. Before Judge Gamble. Washington superior court. March term, 1896. Tompkins sued the Augusta Southern R. R. Co., on account of being illegally .ejected from its train on which he was a passenger. The court granted a nonsuit on the ground that his right of action was against the Sandersville & Tennille R. R. Co., and not against the defendant.
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Action for damages. Before Judge Gamble. Washington superior court. March term, 1896. Tompkins sued the Augusta Southern R. R. Co., on account of being illegally .ejected from its train on which he was a passenger. The court granted a nonsuit on the ground that his right of action was against the Sandersville & Tennille R. R. Co., and not against the defendant. The plaintiff excepted to this, and to each of the, rulings hereafter stated. • He introduced in evidence the contract-of consolidation between.the two.railroad companies named, dated February 13,1894. This contract, naming the Augusta…
1Opinion of the CourtFish, J.
1. It is essential to a proper determination of the *440present controversy, to enter into a brief discussion concerning the legal status of a railway company which, under authority of law, has been formed by the consolidation of two separate and independent corporations, whereby one of them is merged into the other and thus entirely loses its corporate existence. We can not hope to better present the law governing in a case such as the one at bar than by quoting at length from the able and exhaustive treatise on this subject to be found in 1 Thompson’s Commentaries on the Law of Corporations.…
2Cases cited2 opinions
- McElhaney v. CrawfordSupreme Court of Georgia · 1895
- Montgomery & West Point Railroad v. BoringSupreme Court of Georgia · 1874
3Cited by18 opinions
- H. G. Kilbourne Co. v. Standard Stamp Affixer Co.Massachusetts Supreme Judicial Court · 1913
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Collinsville Nat. Bank v. EsauSupreme Court of Oklahoma · 1918
- Jenkins v. StateCourt of Appeals of Georgia · 1908
- Robertson v. MillerCourt of Appeals for the Second Circuit · 1922
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