19 S.E.2d 541 | Ga. Ct. App. | 1942
Lead Opinion
1. Where the relation of carrier and passenger is once established, unless that relation be terminated by the voluntary act of the passenger, or by the carrier under circumstances which would justify such a course, it *875 continues until the passenger is safely deposited at his point of destination, and until he has left or has had a reasonable time within which to leave the cab of the carrier; and if, during the continuance of this relation, the passenger suffer injury in consequence of the negligent, wrongful, or wanton tort of the carrier's driver, the carrier is liable.
2. The judge properly overruled the demurrer to the petition based on an alleged tort seeking to recover for injuries to person and reputation by reason of the driver of the company's taxicab committing rape on the plaintiff during the continuance of the relation of carrier and passenger.
The liability of common carriers to their passengers is not to be determined by the principles which control in defining their liability to third persons (who are not passengers), because the common carrier of passengers owes to the passenger an additional duty of carrying her safely to the point of her destination in accordance with the contract under which she entered the company's taxicab. Brunswick Western R. Co. v. Moore,
Judgment affirmed. Gardner, J., concurs.
Dissenting Opinion
Where, as here, it is alleged that the plaintiff entered the defendant's cab as a passenger and instructed the driver to carry her to her home, but instead the driver carried her out on a lonely road and there committed the crime of rape upon her person and thereby inflicted certain described injuries to her person, reputation, and property, for which damages are sought, the petition does not disclose that the driver was acting within the scope of his authority, as contended by the plaintiff, but it discloses that he stepped aside from his employment for his own personal ends. Generally it is a question for a jury whether or not the servant was acting within the scope of his employment at the time in question, but here under the allegations of the petition no reasonable construction can be drawn but that the driver was not engaged in the furtherance of his master's business, but was on a private enterprise of his own. In the language of this court in Stafford v. PostalTelegraph-Cable Co.,