114 Ga. 140 | Ga. | 1901
Lead Opinion
Wood sued the railway company for damages claimed to have been sustained on account of having been ejected from one of the defendant’s trains by its conductor. The trial resulted in a verdict for the plaintiff for $450. The defendant made a motion for a new trial, which was overruled, and the case is here upon a bill of exceptions assigning error upon the overruling of this motion.
It has been repeatedly held by this court that when a passenger holds a contract for return passage, of the character involved in the present case, and when he has done everything that ordinary prudence and diligence would require to obtain a validation of the ticket for return passage, he is authorized to enter the train with the ticket unvalidated, and is entitled to ride thereon, upon explaining to the conductor the circumstances which prevented him from having the ticket validated. See Barlow v. Railroad Co., 104 Ga. 213, and cases cited. Following the principle laid down in these cases, we are compelled to hold in the present case that the plaintiff had a right to enter the train and ride upon his ticket, notwithstanding it was unvalidated, and that the conductor had no right
Judgment affirmed.
Concurrence Opinion
I concur in the judgment because, under the decision of this court in Head v. Georgia Pacific Railway Co., 79 Ga. 358, the law of the main question is correctly stated in the foregoing opinion. I still think that decision was wrong, and in this connection refer to the concurring opinion which I filed in Morse v. Southern Railway Co., 102 Ga. 306.