Rushin v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Little. Muscogee superior comet. May 19, 1906. In his petition against the Central of Georgia Bailway Company, as amended, Bushin alleged, that on October 18, 1904, he purchased from the agent of the railway company at Buena Vista a ticket from that place to Columbus, Georgia, “the said corporation agreeing, by the terms of said purchase, to safely transport your petitioner from Buena Vista, Ga., to Columbus, Ga., a point on said line of…
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Action for damages. Before Judge Little. Muscogee superior comet. May 19, 1906. In his petition against the Central of Georgia Bailway Company, as amended, Bushin alleged, that on October 18, 1904, he purchased from the agent of the railway company at Buena Vista a ticket from that place to Columbus, Georgia, “the said corporation agreeing, by the terms of said purchase, to safely transport your petitioner from Buena Vista, Ga., to Columbus, Ga., a point on said line of railway;” that after purchasing the ticket he got on the train, “for the purpose of being carried by said corporation,…
1Opinion of the CourtEvans, J.
A passenger injured while on the cars in the progress of his journey by'the negligence of the carrier has two remedies: one an action for the breach of the contract; the other an action on the case, for thé wróng; and he may elect which remedy he will pursue. Patterson v. Augusta R. Co., 94 Ga. 140. Of course he can not join both c&uses of action in the same suit; if he does so, an appropriate demurrer will require a dismissal of the petition for duplicity, unless the duplicity is removed by an amendment eliminating the allegations inappropriate to the remedy elected. A petition is not…
2Cases cited4 opinions
- Patterson v. Augusta & Savannah RailroadSupreme Court of Georgia · 1894
- Seals v. Augusta Southern RailroadSupreme Court of Georgia · 1898
- Hardwick v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890
- Ham v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
3Cited by9 opinions
- Kuhr Bros., Inc. v. SpahosCourt of Appeals of Georgia · 1954
- Baltimore & O. R. v. ReedCourt of Appeals for the Sixth Circuit · 1915
- Bates v. Madison CountyCourt of Appeals of Georgia · 1924
- Lytle v. Southern Railway Co.Court of Appeals of Georgia · 1907
- Miller v. Ben H. Fletcher Co.Supreme Court of Georgia · 1914
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