46 Ga. App. 699 | Ga. Ct. App. | 1933
(After stating the foregoing facts.)
The allegations of a plaintiff’s petition must be construed most strongly against him, and where the allegations are inconsistent and contradictory, the plaintiff is bound by those most favorable to the defendant. Dawson v. Bolton, 166 Ga. 232 (143 S. E. 119); Wood v. Pynetree Paper Co., 29 Ga. App. 81 (114 S. E. 83). Thus construing the petition in this case, we find that the plaintiff entered into the Terminal Station, the depot where the trains of both defendants received and discharged passengers, with the intention of boarding a train of the Central of Georgia Railway for Florida, without purchasing a ticket but with the money to pay his fare, and, without any knowledge on the part of the Central of Georgia Railway or acceptance of him as a passenger, either express or implied, crossed the tracks of the defendants at a- point where a track of the Southern Railway ran parallel with the track of the Central of Georgia on which'was the train he intended to board, and where
To give rise to the relation of carrier and passenger, there must be not only an intent on the part of a person to avail himself of the facilities of the carrier for transportation, but also an express or implied acceptance of him as a passenger. Those who by express or implied assent are crossing the premises of a carrier for the purpose of going on a train, or are in the act of mounting the car steps, and who have not purchased tickets, are not passengers unless their acts are such as are presumed to be known and assented to by the agents of the carrier. There are two main elements in the legal definition of a passenger: first, an undertaking on the part of the person to travel in the conveyance provided by the carrier, and, second, an acceptance by the carrier of the person as a passenger, which acceptance may be either express or implied from attending circumstances. A person may become a passenger without having come into the train, if the surrounding circumstances show an intent on his part to become a passenger, and an acceptance of him by the carrier as a passenger, even though he has not purchased a ticket. The relation of carrier and passenger is a contract relation, which commences when the passenger has put himself into the care of the carrier and directly within its control, with a bona fide intention of being transported, and the carrier has expressly or impliedly received and accepted him as a passenger; and of necessity
Judgment affirmed.