Legal Opinion

Massengale v. Atlanta, Birmingham & Coast Railroad

Court of Appeals of Georgia

Decided February 20, 1933No. 22533Published

1Opinion of the CourtStephens, J.

1. Neither a carrier nor one who furnishes to a carrier terminal facilities for taking on passengers, owing a duty to one who is a passenger, violates that duty through any act of a servant towards the passenger, where the servant committing the act has not been entrusted with the performance of any duty owing by the master to the passenger, and where the master is not negligent in failing to anticipate, or to prevent, the performance of the act of the servant. Alabama Great Southern R. Co. v. Pouncey, 7 Ala. App. 548 (61 So. 601); Hall v. S. A. L. Ry., 84 Fla. 9 (93 So. 151) ; Southern Ry.…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Savannah, Florida & Western Railway Co. v. BoyleSupreme Court of Georgia · 1902
  2. Southern Railway Co. v. CroneIndiana Court of Appeals · 1912
  3. Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
  4. Prokop v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1904
  5. Alabama Great Southern R. R. v. PounceyAlabama Court of Appeals · 1913

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