King v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Bartlett. Haralson superior court. January 16, 1906. King brought suit against the Southern Railway Company, alleging as follows: The defendant has injured and damaged him in the sum of $1,999. On November 8, 1900, he purchased a ticket from the agent of the defendant company at Waco, a station on said road, to Atlanta and return, paying therefor the regular round-trip rate of' fare.
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Action for damages. Before Judge Bartlett. Haralson superior court. January 16, 1906. King brought suit against the Southern Railway Company, alleging as follows: The defendant has injured and damaged him in the sum of $1,999. On November 8, 1900, he purchased a ticket from the agent of the defendant company at Waco, a station on said road, to Atlanta and return, paying therefor the regular round-trip rate of' fare. He went to Atlanta, using the ticket, and in the afternoon of the same day he went to the station in Atlanta and boarded the train to return to Waco. After the train had run some…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. The demurrer was properly overruled. The petition set forth a cause of action, and was not demurrable for duplicity or for joining an action ex contractu with one ex delicto. The action, fairly construed, was one ex delicto. The purchase and delivery of the ticket were alleged in order to show the duty of the defendant toward the plaintiff. It is not always entirely easy to distinguish between a suit for a breach of contract of carriage, and the alleging of the contract in order to show a duty resting upon the carrier where the action is one for a tort. Any yet…
2Cases cited4 opinions
- Central Railroad v. Pickett & BlairSupreme Court of Georgia · 1891
- Caldwell v. Richmond & Danville RailroadSupreme Court of Georgia · 1892
- Southern Railway Co. v. DysonSupreme Court of Georgia · 1900
- Pickens v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1906
3Cited by8 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Lytle v. Southern Railway Co.Court of Appeals of Georgia · 1907
- Jenkins v. Seaboard Air-Line RailwayCourt of Appeals of Georgia · 1908
- Atlantic Coast Line Railroad v. InabinetteCourt of Appeals of Georgia · 1924
- Raines v. RiceCourt of Appeals of Georgia · 1941
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