Payton v. Gulf Line Railway Co.
Court of Appeals of Georgia
Action for damages, from city court of Ashburn. June 16, 1908. Payton sued the railway company, in substance alleging, that at Ashburn, Georgia, on a day named, he went to tbe depot of the defendant company, from which its passenger trains customarily left, and bought a ticket to Sylvester, Georgia; that this' was about twenty minutes before the time the train was scheduled to leave; that he waited about an hour and discovered that the-train had gone out on its trip, leaving…
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Action for damages, from city court of Ashburn. June 16, 1908. Payton sued the railway company, in substance alleging, that at Ashburn, Georgia, on a day named, he went to tbe depot of the defendant company, from which its passenger trains customarily left, and bought a ticket to Sylvester, Georgia; that this' was about twenty minutes before the time the train was scheduled to leave; that he waited about an hour and discovered that the-train had gone out on its trip, leaving from the yards instead of’ from the depot; that the quickest, nearest, and best way for him to get to Sylvester was to…
1Opinion of the CourtPowell, J.
(After stating the facts.)
1. The petition sets forth a good cause of action as to the actual damages sustained, whether it sounds in contract or in tort. A railroad company which has made a contract of transportation with a proposed passenger, and then, without notice, causes its *763train to leave without coming by the place at which it is accustomed to receive passengers, and without giving the proposed passenger a chance to get aboard, not only breaks its contract with him, but also violates a public duty toward him. Savannah R. Co. v. Bonaud, 58 Ga. 180; Durden v. So. Ry. Co., 2 Ga. App. 66…
2Cases cited11 opinions
- Perry v. Central RailroadSupreme Court of Georgia · 1881
- Ford v. FargasonSupreme Court of Georgia · 1904
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
- Central Railroad v. Pickett & BlairSupreme Court of Georgia · 1891
- Ford v. FargasonSupreme Court of Georgia · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stoddard v. CampbellCourt of Appeals of Georgia · 1921
- Simpson v. BradleySupreme Court of Georgia · 1939
- Render & Hammett v. Hartford Fire InsuranceCourt of Appeals of Georgia · 1925
- Dawson Cotton Oil Co. v. Kenan, McKay & SpeirCourt of Appeals of Georgia · 1918
- Fine & Brother v. Southern Express Co.Court of Appeals of Georgia · 1911
10 more not listed; retrieve them via the Exa API.