Southeastern Greyhound Corp. v. Graham

• Decision Date: 03 July 1943
• Docket Number: No. 30128.,30128.
• Citation: 26 S.E.2d 371
• Parties: SOUTHEASTERN GREYHOUND CORPORATION. v. GRAHAM.
• Court: Georgia Court of Appeals

26 S.E.2d 371

SOUTHEASTERN GREYHOUND CORPORATION.

v.GRAHAM.

No. 30128.

Court of Appeals of Georgia, Division No. 2.

July 3, 1943.

Syllabus by the Court.

A petition alleging that a passenger on a bus alighted therefrom on the premises of the bus company and before he had a reasonable time to depart from such premises the driver of the bus, without provocation, used opprobrious and offensive language to him, which tended to humiliate him and subject him to shame and mortification, set forth a cause of action good as against a general demurrer.

Error from City Court of Eastman; A. R. Ross, Judge.

Action by Thomas L. Graham against the Southeastern Greyhound Corporation for damages arising out of the alleged use of abusive language by defendant's bus driver toward plaintiff. To review a judgment overruling defendant's general demurrer, defendant brings error

Affirmed.

Thomas L. Graham brought this action against Southeastern Greyhound Corporation alleging as follows: "1. There is herein named as defendant in this cause, Southeastern Greyhound Corporation, a non-resident public service corporation, with busses and bus lines operating in this State, from the City of Macon, Bibb County, Georgia, through the City of Eastman, Dodge County, Georgia. The defendant has a bus station, place of business and agent in said City of Eastman, Dodge County, State of Georgia, upon whom serv ice can be effected in this suit. 2. By reason of the acts hereinafter set forth, the defendant has injured your petitioner in the sum of Twenty nine hundred ($2,900) Dollars or other large sum of money. 3. On September 17, 1942, your petitioner purchased a ticket from defendant's agent at Macon, Georgia to his destination at Eastman, Georgia, and petitioner boarded defendant's bus at said Macon, Georgia, about 6:00 P. M. to be carried to his destination at Eastman, Georgia, in Dodge County. 4. Petitioner shows that on said date, the weather was extremely hot and sultry, and the window which was nearest to the seat he occupied with one J. F. Dukes, was closed. That about thirty miles from said Macon, Georgia, petitioner became so terribly heated in the bus that he opened said bus window for the purpose of getting relief from the intense heat and profuse perspiration. 5. M. E. Turnipseed was the name of bus driver, who had the operation of the bus under his charge, and he was the employee, agent and representative of defendant. Along with said bus driver Turnipseed was an assistant employee whose name is unknown. 6. Very shortly after said window was opened as aforesaid, the said assistant employee came to petitioner's seat and in a very abrupt manner closed said window, stating to your petitioner as follows, to-wit: 'If you don't keep the window closed you ought not to ride on this bus.' Petitioner then in a courteous manner requested said employee of defendant to give petitioner his name, and said employee did not reply. M. E. Turnipseed, said bus driver, then turned around from his driving seat and in a loud and boisterous voice threatened your petitioner in the following statement to-wit: 'If you don't hush your mouth I'll put you off the bus, ' and slowed down. Petitioner replied courteously, T suppose you could put me off if you want to.' 7. Petitioner after due course was carried to and arrived at his destination, at defendant's bus station in Eastman, Georgia, about 8:00 o'clock P. M., where petitioner detrained from said bus and went to the rear of said bus and was in the act of looking at the license plate of said bus. While attempting to do so, while said bus was stopped at said bus station in Eastman, Dodge County, Georgia, said Turnipseed, defendant's driver approached petitioner, and in a threatening, wanton, deliberate and malicious mannerstated to petitioner, 'You God damn rascal, you just want to report somebody.' Petitioner replied courteously, 'It is my intention to report this.' A group of 12 or 15 people at said station hearing this gathered around petitioner and said Turnipseed, said defendant's bus driver and employee, after hearing the aforesaid. There were also 25 or 30 people in said bus who also heard it. 8. The said Turnipseed, defendant's driver, agent and employee as aforesaid, then...