110 Ga. 681 | Ga. | 1900
Watson instituted an action against the Southern Railway Company, to recover damages for being wrongfully ejected from one of the ears of the defendant^ while a passenger, on June 1, 1897. A trial of the case resulted in a verdict for the plaintiff for two hundred dollars. Defendant made-a motion for a new trial, which was overruled, and it excepted. It appeared from the evidence that the plaintiff lived in Tallapoosa, Ga., which was situated on one of the lines of the defendant’s railroad. He desired to go to Columbus, Ga., to-which point the defendant also maintained and operated a ráilroad. Plaintiff consulted the agent of the defendant in Tallapoosa, and informed him that he desired to be in Columbus by ten o’clock on the next day, and was informed by the agent that there was no train running directly from Tallapoosa to Columbus, but that he could go to Atlanta from Tallapoosa on Friday night, and, leaving Atlanta on the early morning train, would arrive in Columbus by nine o’clock. The agent also told plaintiff that he could purchase a through ticket from Tallapoosa to Columbus, for which there would be no reduction in the rate, but would save him the trouble of purchasing, another ticket in> Atlanta. The agent said nothing to the plaintiff as to the kind or character of the ticket which he would furnish him. After' this conversation plaintiff purchased a through ticket from
It was shown that the regular fare from McDonough to Columbus was $2.94, and that all local tickets issued by the Southern Railway Company are limited tickets, and good for continuous passage only, The limit is expressed by punching out the date on the margin of the ticket. The sale of limited tickets exclusively began on May 15, 1896. Each ticket shows that it is limited, and the time in which it may be used. Notices of this regulation were posted in the ticket-windows and waiting-rooms at all of the depots, in plain, legible type, placed in conspicuous places. The ticket which the plaintiff purchased on May 28 was limited as good for use through May 29. The plaintiff paid regular fare for the ticket. It was also testified that the regulation for the adoption of limited local tickets was made by the railroad in 1896, for the reason that the limited ticket conferred benefits on the passenger and the railway company beyond those afforded by an unlimited ticket. If a passenger should lose his ticket, or have it stolen from him, and it has not been used within the time limit, the railway company refunds the amount paid to the purchaser. Without a limitation, no such refunding could be made, because it would be impossible to ascertain when the ticket might thereafter he used. The regulation was beneficial also to the railway company, because it enabled it to more properly check, its accounts which include sales of. tickets by agents, as well as their collection by conductors, and it also diminished the opportunity for the fraudulent manipulation of a ticket either to the injury of a passenger or the revenues of the company. It Was also testified that ten or twelve tickets are daily redeemed by the defendant company. The plaintiff testified, in rebuttal, that he had never seen any of the notices in relation to the limitation of tickets, nor did he know that the ticket he purchased was limited.
The contention made by the plaintiff in error is, that when the defendant in error contracted with it to be transported by the Southern Railway Company over its lines from Tallapoosa to Columbus, Ga., it did so on the condition that the passage was to be continuous and to be made within two days from the time of the issue of the ticket; that the time was ample within which such journey might be made with comfort and convenience; that, by reason of certain rules and regulations which the carrier had made in the conduct of its business, the passenger could not make his journey or any part of it after the expiration of two days from the date of the contract for passage, ■and that after such limit the ticket was void for passage. To this contention the defendant in error replies, that at the time he purchased the ticket he made no express contract with the ■carrier as to the time in which his journey was to be performed, but that he paid full fare for his passage; that he had no knowledge or notice, at the time that he received it, that the ticket bore on its face any limitation as to time; and that under the provisions of our law as embodied in the Civil Code, § 227 6, the carrier was bound to transport him under the contract from Tallapoosa to Columbus at any time within the period governing the limitation in which such contracts may be •enforced. The provisions of this section of the code are: “ A common carrier can not limit his legal liability by any notice given, either by publication or by entry on receipts given or tickets sold. Tie may make an express contract, and will then be governed thereby.” We do not propose to enter, here, into a discussion of the proper application of the provisions of law which the section contains. That has been done in Central of Ga. Ry. Co. v. Lippman, ante, 665. It is insisted that the rule there embodied is applicable to passenger carriers. If that be a correct proposition, then by these "words of the code, as construed by the defendant in error, a passenger carrier would have the right by an express contract to limit his liability (meaning thereby his duty to exercise extraordinary diligence for the safety of the passenger). For the reasons fully given in The discussion of the legal principles involved in the case last
We have preferred to take the terse statement of the rule laid down by these text-writers, rather than to make quotations from the authorities cited. . An examination, however, of the cases which these authors have cited to support the doctrine shows that the rules enunciated are supported by the adjudications made. In the case of Elmore v. Sands, 54 N. Y. 512, quoted by Mr. Hutchinson, supra, it was said in the opinion that “Railroad companies carrying passengers have the right to make reasonable rules and regulation’s for conducting their business, and they and their agents incur no liability in enforcing •them in a proper manner. • The passenger had his option either •to pay upon the train or to purchase the ticket and exhibit that as evidence of his right to ride. The railroad company was not bound to issue the ticket in advance of the day on which it was to be used, and had the right to insist and provide that it should be used on the day when it was issued. ” In the absence of any statutory provision which contravenes the principles ruled by the authorities to which we have referred, and the reasoning adopted by the different courts which reached the conclusion announced seeming to be sound and founded upon clear principles of right, these authorities are entitled to great weight, if, indeed, they are not satisfactorily conclusive of the question involved. But it is strongly urged upon us that the decisions of this court heretofore made, in the cases of Phillips v. Georgia R. R. Co., 93 Ga. 356, Boyd v. Spencer, 103 Ga. 828, Southern Railway Co. v. Barlow, 104 Ga. 213, and Central of Georgia Railway Co. v. Ricks, 109 Ga. 339, are.in conflict with the rulings made in the various cases to which we have referred, and opposed to the reasoning of the courts which reached the conclusion expressed. We are aware that much of the language which appears in the discussion of each of these cases will^ justify this criticism, and that in. some of these
All the authorities which support the doctrine that a railroad company may by rules and regulations limit the time in which a ticket can be used for passage concur in the view that such regulations must'be reasonable, and whether or not a regulation of this character is or -is not reasonable is a question to be determined by the court. On this subject, the rule as we understand it is, that where the facts are not disputed the reasonableness of a regulation of a common carrier affecting the transportation of passengers is one of law for the court, and not of fact for the jury. 52 Ark. 406; 55 Ark. 134; 25 Fla. 40; 69 N. W. Rep. (Iowa) 532; 114 Mo. 88. See also Central Railroad and Banking Co. v. B. & W. R. Co., 87 Ga. 386; Metropolitan St. R. Co. v. Johnson, 90 Ga. 501; W. & A. R. Co. v. Moore, 94 Ga. 457; W. & A. R. Co. v. Bussey, 95 Ga. 591. This brings us to the question next in order, that is, whether or not such a rule is reasonable. It has been so often determined that such is a reasonable rule, by the authorities cited in the foregoing part of this opinion, that the ruling which we make, that it is, is rendered very much stronger by the sanction of many eminent jurists presiding in the courts of
It is but a matter of justice for us to say here, that, in addii ion to the very able and comprehensive briefs submitted by the «•ounsel in this case, we have derived much assistance from the excellent briefs of Messrs. Dorsey, Brewster & Howell and Sanders McDaniel, counsel for plaintiff in error in the case of Southern Railway Co. v. Dyson, 109 Ga. 103, in which the leading quéstions discussed here were made, but in which it was not necessary that they should be decided.
Judgment reversed.