81 Ga. 461 | Ga. | 1889
The plaintiff had for some nine years, without objection on the part of the company, exercised the privilege of coming upon the right of way and dealing with passengers by supplying them with lunches. A part of the time he had even used the platform of the company for this purpose, and perhaps also had been allowed to enter the cars. The privilege, except as to coming upon the right of way, was revoked some four years previously to October, 1886. On the 10th of said October, the plaintiff received notice to cease the exercise of the privilege as to the right of way, and was also informed that the exclusive right of serving lunches to passengers had been leased by the company to one Hart. About a week after receiving this notice, the plaintiffs servant was on two or three occasions expelled from the right of way by a servant of the company, and in one instance the company’s servant, in controlling the action of -the plaintiff’s servant, did not desist where the right of way stopped, but conducted the intruder across the public street and up to the plaintiff’s door. The plaintiff, seeing that he could not carry on his business through the medium of a servant, undertook to conduct it himself, and he also was expelled, both Hart and the defendant’s servant co-operating in his expulsion, and Hart, but not the servant, continuing the use of force beyond the right of way and into the public street. The plaintiff, after this, undertook to advertise his business by ringing a bell in the street in front of his premises, and Hart alone interfered with that, and committed an assault upon him in
Judgment affirmed.