77 Ga. 673 | Ga. | 1886
This was an action to recover damages from the defendant, the Georgia Railroad and Banking Company, for unlawfully and wrongfully expelling plaintiff from its cars, on which he was riding as a passenger, and for abusing and maltreating him through its agents and servants in effecting his expulsion. The jury, on the trial, found a verdict awarding him one thousand dollars damages. The defendant made a motion to set the verdict aside, and sought to obtain a new trial upon the several grounds taken in its said motion, which was refused by the court; it excepted to the judgment rendered thereon and brought the case here by writ of error.
It is undeniable that the plaintiff, under his contract, had a perfect right to be on the cars and to ride the distance between the points the company engaged to carry him; he was entitled to proper evidence of the contract he made with them; it was no fault of his that he did not receive it, but of the agent issuing the ticket, and the company had no right to eject him from the cars because of the want of this evidence; so far as respects these matters, the agent and the conductor was each the alter ego of the company — in fact, the company itself. The plaintiff was wronged by the expulsion, and was entitled to his action and to recover. It did not concern him that the conductor was carrying out the reasonable regulations of the company, and that his action was such as they were in reason and justice bound to approve in removing him in a decorous and proper manner from the cars; his rights were certainly violated, and they failed in the performance of their duty to him by breaking their contract; had there been nothing more than a breach of this contract, and a violation of the duty growing out of it in consequence of the mistake of the
The se positions are sanctioned by many cases, not only of our own but other courts. The City and Suburban Rwy. vs. Brauss, 70 Ga. 368; Atlanta & W.P.R. R. vs. Condor, October term, 1885 (75 Ga. 51); Lake Erie & Western Rwy. Co. vs. Fix, 88 Ind. R. 381, 388, 389 ; Philadelphia, Wilmington & Baltimore R. R. Co. vs. Larken, 47 Md. R. 155 (28 Am. R. 442); Hutchinson on Carriers, §§595,596,574, and the numerous cases and sections of our own code cited on the full and ample brief of counsel for the plaintiff in the action.
Judgment affirmed.