Head v. Georgia Pacific Railway Co.
Supreme Court of Georgia
Actions. Contracts. Torts. Damages. Railroads. Negligence. Before Judge Maddox. Haralson Superior Court. July Term, 1887. The material allegations of the plaintiff’s declaration were as follows : On May IS, 1885, he contracted with defendant, through its agent, Howell, at Tallapoosa, Georgia, to be carried and returned from that town to New Orleans, Louisiana, paying the agent $15 and receiving a round-trip ticket.
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Actions. Contracts. Torts. Damages. Railroads. Negligence. Before Judge Maddox. Haralson Superior Court. July Term, 1887. The material allegations of the plaintiff’s declaration were as follows : On May IS, 1885, he contracted with defendant, through its agent, Howell, at Tallapoosa, Georgia, to be carried and returned from that town to New Orleans, Louisiana, paying the agent $15 and receiving a round-trip ticket. Owing to some mistake in signing and stamping this ticket by the agent, return passage on it was refused by defendant’s agents. Plaintiff complied with every part of his agreement,…
1Opinion of the Court
Bleckley, Chief Justice.
The amendment proposed did not substantially strengthen the case set out in the original declaration, and while it was not an improper amendment, the court perhaps ought not to be reversed for disallowing it. But we think it was error to cut off the plaintiff from the recovery of such damages of every Idnd as he sustained. His declaration was not in contract, but in tort; it was an action upon the case for a wrong, not an action of assumpsit for the breach of a contract. It went upon the theory that the contract established the relation of carrier and passenger, a…
2Cases cited1 opinion
- Moses v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Georgia · 1884
3Cited by84 opinions
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- Clark v. Associated Retail Credit Men of WashingtonCourt of Appeals for the D.C. Circuit · 1939
- Frewen v. PageMassachusetts Supreme Judicial Court · 1921
- Dunn v. Western Union Telegraph Co.Court of Appeals of Georgia · 1907
- Basler v. Sacramento Elec., Gas & Ry.California Supreme Court · 1913
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