Morse v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Kimsey. Hall superior court. July term, 1896. Charles Morse sued the railway company for expelling him from its passenger-train. A nonsuit was granted, and he excepted.
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Action for damages. Before Judge Kimsey. Hall superior court. July term, 1896. Charles Morse sued the railway company for expelling him from its passenger-train. A nonsuit was granted, and he excepted. It appears that on September 17, 1895, he purchased of the agent of defendant in New York a special excursion ticket, at a reduced rate, for going to, and returning from Atlanta, Ga., and that within the time limited by the ticket, having used the same for going to Atlanta, he entered defendant’s train for the purpose of making the return journey on the balance of the ticket, but on his…
1ConcurrenceLumpkin, P. J.
This is an important and interesting case. We all agree that the law of the main question involved is controlled by the decision of this court in Head’s case, 79 Ga. 358. All the Justices of this court, except myself, are of the opinion that the doctrine there laid down is sound and should stand affirmed. This being so, I am, under our statute, bound by the decision in that case, and consequently am constrained to concur in the judgment now rendered. But I do not believe that decision is good law, and therefore think that the same should have been overruled. In that case this court held that…
2Cases cited11 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Mosher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of the United States · 1888
- Boylan v. Hot Springs RailroadSupreme Court of the United States · 1889
- Hufford v. Grand Rapids & Indiana Ry. Co.Michigan Supreme Court · 1884
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