131 Ga. 604 | Ga. | 1908
The plaintiff, while a passenger upon one of the trains of the defendant company, was carried beyond her destination, through the negligence of the company’s employees, and brought suit for the recovery of damages therefor; and upon the trial the jury returned á verdict in her favor. A motion for a new trial was made, and overruled, to which ruling the railroad company excepted. The evidence, so far as it is material to .the questions raised in the motion for a new trial, is, in substance, as follows: On the 24th day of November, 1906, the plaintiff, a young lady of about fifteen years of age, boarded a train of the defendant company at Roberta, Ga., to go to the station of Lee Pope. The last-named station is a flag station; and the plaintiff paid her fare on the train, from Roberta to the point of her destination, telling the conductor, at the time of making payment of the fare, that she wished to “go to Lee Pope.” The train failed to stop at that station, and the plaintiff was carried to Ft. Yalley. When
No discussion is necessary here to show that the court erred in giving the charge set forth in the headnote. The ruling made 'in this ease follows necessarily from the application of the facts of the case to the law as stated in several decisions of this eourt heretofore made. The question under- consideration has been so clearly ruled, that it is only necessary to cite certain cases, which compel the conclusion that we have reached, after reading the record in the case. Southern Railway Company v. Harden, 101 Ga. 263 (28 S. E. 847); Southern Railway Company v. Bryant, 105 Ga. 316 (31 S. E. 182); Sappington v. Atlanta & West Point Railroad Company, 127 Ga. 178 (56 S. E. 311).
There were other grounds in the motion for a new trial besides the one complaining of the charge referred to; but, in view of the
Judgment reversed.