Colquitt v. Georgia Ry. & Power Co.

• Decision Date: 12 December 1916
• Docket Number: 157.
• Citation: 91 S.E. 70,146 Ga. 249
• Parties: COLQUITT v. GEORGIA RY. & POWER CO.
• Court: Georgia Supreme Court

91 S.E. 70

146 Ga. 249

COLQUITT v. GEORGIA RY. & POWER CO.

No. 157.

Supreme Court of Georgia

December 12, 1916

Syllabus by the Court.

This was an action for damages against a street car company. The petition contained but one count. A lump sum was claimed as damages (a) for refusal of a conductor of a car at a transfer point to allow the plaintiff to get on his car; (b) for refusal of the conductor of a second car to accept as fare transfer tickets that had been duly issued by the conductor of another car, and requiring payment of a cash fare; (c) for carrying plaintiff beyond his destination. Held, that the petition was subject to a special demurrer on the ground that there was an attempt to join several distinct causes of action in one count. Seifert v. Sheppard, 111 Ga. 814, 35 S.E. 673; Gainesville & Dahlonega Electric Ry. Co. v. Austin, 122 Ga. 823 (1), 50 S.E. 983; Central of Ga. Ry. Co. v. Prior, 142 Ga. 536(1), 83 S.E. 117; Orr v. Cooledge, 117 Ga. 205, 43 S.E. 527.

Error from Superior Court, Fulton County; Geo. L. Bell, Judge.

Action by Will Colquitt against the Georgia Railway & Power Company. There was a judgment for defendant, and plaintiff brings error. Affirmed.

E. R. Clarkson and Brown & Brown, all of Atlanta, for plaintiff in error.

Colquitt & Conyers, of Atlanta, for defendant in error.

ATKINSON, J.

Judgment affirmed.

All the Justices concur.