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…
1Opinion of the Court
Simmons, 0. J.
This case has been twice argued; once before the first division of the court, and subsequently before the court as a whole. In the latter argument, leave was asked and permission given by the court to review the case of Head v. Georgia Pacific Ry. Co., 79 Ga. 358. After a full consideration of that case, five members of the court think that it is a sound exposition of the law of this State, and decline, therefore, to overrule it. Presiding Justice Lumpkin differs with us, and thinks that it should be overruled.
The Head case is so well reasoned by Bleckley, C. J., that I shall…
2Cases cited1 opinion
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
3Cited by7 opinions
- Southern Railway Co. v. BarlowSupreme Court of Georgia · 1898
- Texas & Pacific Railway Co. v. PayneTexas Supreme Court · 1905
- Moore v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1907
- Andrews v. Stulb & VorhauerSupreme Court of Georgia · 1916
- Central of Georgia Railway Co. v. CannonSupreme Court of Georgia · 1899
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