Patterson brought his. action against the Augusta & Sаvannah Railroad Company, alleging that he had made a contract with it, whereby it agreed for a certain consideration to transport him safely frоm the city of Augusta to the city of Waynesboro, on the line of its railroad, and that there was a breach of the contract, in that it did not transport him safely, but that he was injured and damaged by the loss of his arm. Where а person makes a сontract of this kind with a cоmmon carrier, and he is injured by the negligence of the carrier, he has two rеmedies, one an aсtion for the breach of •contract, the othеr an action on the case for the wrong, .and hе may elect which remedy he will pursue. If he elects to bring an action for the breach of contrаct, he has, under the cоde, four years within which to bring it; if he elects to sue upon the tort, he has two years.
Judgment-reversed.
