Brown v. Ga.

• Decision Date: 28 November 1903
• Citation: 46 S.E. 71,119 Ga. 88
• Court: Georgia Supreme Court
• Parties: BROWN. v. GEORGIA, C. & N. RY. CO.

46 S.E. 71

119 Ga. 88

BROWN.

v.GEORGIA, C. & N. RY. CO.

Supreme Court of Georgia.

Nov. 28, 1903.

DISMISSAL—DEFECTIVE PETITION—CARRIERS— DEPOT BUILDINGS—BREACH OF CONTRACT.

1. The court at the trial may dismiss a petition, if so defective that after verdict a motion in arrest of judgment would be sustained, but it cannot consider special demurrers not filed at the appearance term.

2. A railroad company is only bound to keep open its waiting room for a reasonable time before and after the departure of trains, and ticket holders permitted to remain therein during the night have no cause of action for cold and discomfort suffered because the same is not kept heated and lighted.

3. It was alleged that the plaintiff bought, from the agent of a railroad company, tickets for himself and wife, entitling them to transportation on a particular train soon due to stop at the station; that they stood in the rain, alongside the track, waiting for such train, which passed without stopping, thereby occasioning a breach of the contract of carriage; that there were no accommodations available except in the station house, in which they were permitted to remain for the night; and that, by reason of the exposure and the condition of the waiting room, the plaintiff's wife was rendered ill, and he thereby deprived of the value of her services, and put to expense for medical attention. Such a petition set forth a cause of action.

4. The gist of such action was not the failure to furnish and maintain a comfortable depot building, but for consequences arising from exposure incident to the failure to transport, and in spite of the plaintiff's use of the waiting room, which was the only means available to lessen the damages.

(Syllabus by the Court.)

Error from City Court of Elberton; P. P. Proffitt, Judge.

Action by A. D. Brown against the Georgia, Carolina & Northern Railway Company. Judgment for defendant, and plaintiff brings error. Reversed.

In his suit against the Georgia, Carolina & Northern Railway Company, Brown alleged that on February 24, 1902, he carried to the defendant's station at Heardmont a quantity of household goods to be shipped to McCormick, S. C., on the next train; that the agent informed him that he had no scales on which to weigh them, but would send them forward on the next day; that he thereupon bought for himself and wife two tickets from Heardmont to Calhoun Falls, telling the railroad agent that they would go on the local freight train (which also carried passengers) due at Heardmont about 5 o'clock p. m., which was accustomed to stop there for both passengers and freight, and always did stop when signaled; that the train arrived after dark; that it was cold and raining; that petitioner and his wife left the station building and stood alongside the track, prepared to enter the car when the train stopped; that when signaled by the agent the train slowed up, but failed to stop; that petitioner and his wife were wet and chilled, and, because it was impossible to obtain lodgings or accommodation in the village, they were compelled to remain in the station room all night, and until the next day at 12 o'clock, when the first train stopped for passengers; that the weather was excessively cold, the rains heavy and continuous, and the waiting room uncomfortable; that, although petitioner did his best to keep up a fire with such wet wood as he could find, they suffered severely, and his wife was made seriously sick, and has never recovered...