Legal Opinion

Georgia Railway & Electric Co. v. Baker

Supreme Court of Georgia

Decided May 18, 1906PublishedCited by 10 opinions

Action for damages. Before Judge Calhoun. City court of Atlanta. April 6, 1905. Mrs. Baker sued the street-railway company for damages. The petition alleged, that she boarded a car of the defendant at Grant park in the city of Atlanta, about 3.30 p. m., that she paid her fare and requested of the conductor a transfer to the Marietta-street line, and, in response, a transfer was given to her by the conductor.

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Action for damages. Before Judge Calhoun. City court of Atlanta. April 6, 1905. Mrs. Baker sued the street-railway company for damages. The petition alleged, that she boarded a car of the defendant at Grant park in the city of Atlanta, about 3.30 p. m., that she paid her fare and requested of the conductor a transfer to the Marietta-street line, and, in response, a transfer was given to her by the conductor. On arrival at the transfer point established under the rules of the company, she inquired how long she would have to wait for a Marietta-street car, and the conductor told her that the…

1Opinion of the CourtCobb, P. J.

(After stating the foregoing facts.) It is conceded that there is no law of this State, and no valid ordinance of the city of Atlanta, requiring street-railway companies to issue transfers to passengers, authorizing them to ride upon a car other than the one which they originally board. This fact being con*565■ceded, the argument is made that the right to ride upon the second car, resulting from the issuance of the transfer, is a mere gratuity. This is not true. The issuance of transfers is a voluntary act on the part of the company; using the word “voluntary” in its ordinary sense. The company…

2Cases cited3 opinions

  1. O'Rourke v. Street Ry. Co.Tennessee Supreme Court · 1899
  2. Pine v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
  3. Hornesby v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1904

3Cited by10 opinions

  1. Southern Railway Co. v. ChambersSupreme Court of Georgia · 1906
  2. Henderson v. Atlanta Transit System, Inc.Court of Appeals of Georgia · 1974
  3. Savannah Electric Co. v. BadenhoopCourt of Appeals of Georgia · 1909
  4. Barker v. GreenCourt of Appeals of Georgia · 1925
  5. Johnson v. HowardCourt of Appeals of Georgia · 1955

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