Phillips v. Georgia Railroad & Banking Co.
Supreme Court of Georgia
Action for damages. Before Judge Eve. City court of Richmond county. May term, 1893. Mrs. Phillips sued the railroad company for a wrongful ejection from one of its trains on which she was a passenger. A nonsuit was granted, and she excepted. The evidence made the following ease : On June 14th or 15th, 1890, her husband applied to the defendant’s ticket-agent in Atlanta for round-trip tickets for himself and wife to Augusta at the reduced rate of $5.13 each.
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Action for damages. Before Judge Eve. City court of Richmond county. May term, 1893. Mrs. Phillips sued the railroad company for a wrongful ejection from one of its trains on which she was a passenger. A nonsuit was granted, and she excepted. The evidence made the following ease : On June 14th or 15th, 1890, her husband applied to the defendant’s ticket-agent in Atlanta for round-trip tickets for himself and wife to Augusta at the reduced rate of $5.13 each. He knew, from the advertisements which he had seen about the tickets being on sale, of a limitation of them; but had no notice from any…
1Opinion of the Court
Bleckley, Chief Justice.
The law of this case is contained in §2068 of the ■code, which reads as follows: “A common carrier cannot limit his legal liability by any notice given, either by publication or by entry on receipts given or tickets sold. *360He may make an express contract and will then be governed thereby.” Here the ticket was prepared in contemplation that an express contract would be made, but none was made in fact. The purchaser of the ticket was not requested to make any, and even if he had noticed the terms of the instrument he might well have concluded that the purpose indicated…
2Cited by6 opinions
- Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
- Central of Georgia Railway Co. v. LippmanSupreme Court of Georgia · 1900
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- Southern Railway Co. v. WatsonSupreme Court of Georgia · 1900
- Boyd v. SpencerSupreme Court of Georgia · 1898
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