Devane v. Atlanta, Birmingham & Atlantic Railroad
Court of Appeals of Georgia
Action for damages, from city court of Cordele — Judge Strozier. December 16, 1907. According to the plaintiff’s contentions, he got on the passenger-train of the defendant, at the union station in Cordele,'mistaking it for the train of another company, upon which he desired to become a passenger. Soon after the cars began to move, he discovered that he was on the wrong train, and sought to alight.
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Action for damages, from city court of Cordele — Judge Strozier. December 16, 1907. According to the plaintiff’s contentions, he got on the passenger-train of the defendant, at the union station in Cordele,'mistaking it for the train of another company, upon which he desired to become a passenger. Soon after the cars began to move, he discovered that he was on the wrong train, and sought to alight. Getting down on the car-step, he decided that the train was moving too rapidly, and started to go back inside, with the intention of paying his fare to the next station; and as he was thus standing…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The plaintiffs highest claim is that he was a passenger because, although he was originally an innocent trespasser on the cars, he changed his mind when he was in the act- of dismounting, and decided to remain upon the train and pay his way to the next station, and the relation of carrier and passenger thus arose, and the railway company immediately became chargeable with the duty of exercising toward him extraordinary care and diligence. No consent of the carrier to receive the passenger in such a manner can be implied, nor does the law impose any such…
2Cases cited8 opinions
- Charleston & Western Carolina Railway Co. v. JohnsonCourt of Appeals of Georgia · 1907
- Central Railroad & Banking Co. v. PerrySupreme Court of Georgia · 1877
- Allen v. HixsonSupreme Court of Georgia · 1900
- Georgia Railway & Electric Co. v. ColeCourt of Appeals of Georgia · 1907
- Coursey v. Southern Railway Co.Supreme Court of Georgia · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Southern Railway Co. v. WileyCourt of Appeals of Georgia · 1911
- Sneider v. Hyatt CorporationDistrict Court, N.D. Georgia · 1975
- Georgia Railroad & Banking Co. v. FullerCourt of Appeals of Georgia · 1909
- Ficken v. Southern Cotton Oil Co.Court of Appeals of Georgia · 1930
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