Georgia R. R. & Banking Co. v. Richmond

• Decision Date: 23 May 1896
• Citation: 25 S.E. 565,98 Ga. 495
• Parties: GEORGIA RAILROAD & BANKING CO. v. RICHMOND.
• Court: Georgia Supreme Court

25 S.E. 565

98 Ga. 495

GEORGIA RAILROAD & BANKING CO. v. RICHMOND.

Supreme Court of Georgia

May 23, 1896

Syllabus by the Court.

1. If one who had purchased a railroad ticket, intending to take a train about to arrive, but who failed to do so because he did not succeed in getting his baggage checked in time to be placed on that train, left the premises of the railroad company, and registered at an hotel, intending to take a train to his destination the next morning, and afterwards, on the day he purchased the ticket, returned to the station to make inquiries about, or arrange for the storage or checking of, his baggage, he was not at that time a "passenger," but nevertheless had the right to go to the station for the purpose stated, and, if he conducted himself properly, was entitled to respectful treatment from and immunity from an unlawful assault by, the agent while engaged in transacting with him the business mentioned; and such an assault would, under such circumstances, give a right of action against the company.

2. If however, the real purpose in returning to the station was not to look after or arrange for the checking of baggage, or to attend to other legitimate business with the agent, but merely to upbraid him for a real or supposed breach of duty occurring at an earlier hour of the day, and a difficulty thereupon ensued, the two met as ordinary citizens, and the railroad company had no concern in what passed between them.

3. Where, on the trial of an action against a railroad company for an alleged assault and battery by its station agent upon the plaintiff, one of the defenses was that the plaintiff had, without sufficient provocation, used to the agent opprobrious and insulting language, accompanied with sneers and contemptuous gestures, and there was evidence to support this defense, it was error to charge, without qualification "Sneers, looks, or contemptuous gestures will not justify an assault by an agent of a railroad company upon one who has a ticket, and has become entitled, under the contract, to courteous treatment until the contract was fully carried out by the railroad company or its agents." A similar charge was held not to be erroneous in Railway Co. v. Fleetwood, 15 S.E. 778, 90 Ga. 23; but in that case the plaintiff below was a passenger actually riding upon the defendant's train, and entitled to protection at the hands of the conductor who assaulted him, and the facts were in other respects, wholly different from those of the present case.

Error from superior court, Morgan county; H. T. Lewis, Judge pro hac.

Action by John F. Richmond against the Georgia Railroad, & Banking Company to recover damages for an assault and battery. From a judgment for plaintiff, defendant brings error. Reversed.

The following is the official report:

Richmond sued the railroad company, alleging: On April 18, 1892 petitioner purchased from defendant, through its agent, Guest, at its depot in Madison, a ticket (paying the full charges therefor) for his passage over its line of railway from Madison to Augusta; thereby becoming a passenger of defendant, and entitled to its care and protection. At the time of the purchase of the ticket, petitioner requested said agent to check petitioner's baggage for the train then next going to Augusta, upon which train petitioner intended himself to embark, and which was then in a very few minutes due at Madison, which just and reasonable request the agent refused; thereby compelling petitioner to miss the train, and lie over several hours in Madison, or go on to Augusta without his baggage, which he was unwilling to do, and did not do. After the train had passed, desiring to avoid any future trouble and delay, he again requested the agent to check his baggage for the next morning's train (that being the next day train going to Augusta), stating to the agent that he had been badly treated about his baggage, and would not soon forget it, or words to that effect, when said agent, without provocation and without notice or warning, made a malicious and violent assault upon petitioner in the depot building. Said agent, with two small dogs joining him in the assault, threw petitioner violently to the floor, breaking his left collar bone, thereby inflicting a permanent and serious...