Foskey v. Wrightsville & Tennille Railroad
Court of Appeals of Georgia
Action for damages; from Laurens superior court—Judge Kent. April 35, 1916. On the evening of December 34, 1914, the plaintiff purchased from the defendant’s agent a ticket from Dublin, Georgia, to Brew-ton, Georgia. About 5:30 o’clock, p. m., he boarded a passenger-train of the defendant at Dublin.
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Action for damages; from Laurens superior court—Judge Kent. April 35, 1916. On the evening of December 34, 1914, the plaintiff purchased from the defendant’s agent a ticket from Dublin, Georgia, to Brew-ton, Georgia. About 5:30 o’clock, p. m., he boarded a passenger-train of the defendant at Dublin. When the train was about a mile and a half out from Dublin the conductor asked him for hir ticket, and he informed the conductor that he had misplaced his ticket, or had lost it, and could not find it, that ho had put it in some one of his pockets. The conductor went through the train, taking up…
1Opinion of the CourtGeorge, J.
(2-fter stating the foregoing facts.) 1, 2. This suit was for wrongful expulsion, and not for damage sustained by the plaintiff as a result of his being compelled to leave the train. There is nothing in the evidence to warrant the jury to find that the time, the place, or the manner of the expulsion was wrongful.' In. Harp v. Southern Railway Co., 119 Ga. 927 (47 S. E. 206, 100 Am. St. R. 212), it was said: “The fact that one actually purchased a ticket, and that this was known to the agent who sold it, or to the gatekeeper who examined it, or to employees on the train who saw it, would not…
2Cases cited4 opinions
- Harp v. Southern Railway Co.Supreme Court of Georgia · 1904
- Ga. Southern & Fla. Railroad v. AsmoreSupreme Court of Georgia · 1892
- Samples v. Georgia & Florida Railway Co.Supreme Court of Georgia · 1915
- Wilson v. Southern Railway Co.Supreme Court of Georgia · 1915
3Cited by5 opinions
- Daigrepont v. Teche Greyhound Lines Inc.Supreme Court of Georgia · 1940
- Teche Greyhound Lines Inc. v. DaigrepontCourt of Appeals of Georgia · 1939
- Georgia Railway & Power Co. v. TurnerCourt of Appeals of Georgia · 1924
- Daigrepont v. Teche Greyhound Lines Inc.Supreme Court of Georgia · 1940
- Daigrepont v. Teche Greyhound Lines Inc.Court of Appeals of Georgia · 1941