Hillman v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Roan. DeKalb superior court. January 20, 1906. Jonas Hillman brought an action for damages against the Georgia Railroad and Banking Company, alleging as follows: On March 5, 1904, he was a passenger on the night train on defendant’s road. On the train was a drunken ruffian and desperado by the name of Scruggs.
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Action for damages. Before Judge Roan. DeKalb superior court. January 20, 1906. Jonas Hillman brought an action for damages against the Georgia Railroad and Banking Company, alleging as follows: On March 5, 1904, he was a passenger on the night train on defendant’s road. On the train was a drunken ruffian and desperado by the name of Scruggs. When Scruggs boarded the train in Atlanta he was drunk, and the conductor saw him, knew his character, and was negligent in allowing him to board the train. When the train left Atlanta he began to curse and abuse the passengers, brandished a pistol, and…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
According to the evidence for the plaintiff, a passenger-car set apart for colored passengers, as provided by law, was invaded by a drunken person, who was guilty of violent conduct, terrorizing the occupants of the car, and compelling the plaintiff to leave his seat and ride on the platform, while the conductor remained idly by and neither protected the passengers nor arrested or ejected the offender. The evidence of the conductor, which is partly copied in the statement of facts, shows how mildly he dealt with the boisterous passenger. A railroad company is bound…
2Cases cited7 opinions
- Flint v. Norwich & New York Transportation Co.U.S. Circuit Court for the District of Connecticut · 1868
- Brunswick & Western Railroad v. PonderSupreme Court of Georgia · 1903
- Savannah, Florida & Western Railway Co. v. BoyleSupreme Court of Georgia · 1902
- Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875
- Peavy v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Moone v. SmithCourt of Appeals of Georgia · 1909
- Mason v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of Georgia · 1911
- Terrell v. Key SystemCalifornia Court of Appeal · 1945
- Yellow Cab Co. v. CarmichaelCourt of Appeals of Georgia · 1925
- Brown v. Colonial Stores, Inc.Court of Appeals of Georgia · 1964
15 more not listed; retrieve them via the Exa API.