Owens v. Macon & B. R. Co.
| Decision Date | 12 December 1903 |
| Citation | 46 S.E. 87,119 Ga. 230 |
| Parties | OWENS v. MACON & B. R. CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. The right of other travelers to a safe and comfortable passage warrants a carrier in refusing to receive one who has been adjudged a lunatic, and who, though in charge of attendants is loudly cursing and using obscene language at the time of boarding the car.
2. Common carriers cannot absolutely refuse to transport persons who are insane, but may in all cases insist that they be properly attended, safely guarded, and securely restrained.
3. Where it becomes necessary to transport a lunatic, who by reason of his violence may endanger the safety or interfere with the comfort of other travelers, the carrier is entitled to seasonable notice, in order that it may make proper arrangements for his transportation.
Error from Superior Court, Troup County; S.W. Harris, Judge.
Action by J. B. Owens against the Macon & Birmingham Railroad Company. Judgment for defendant, and plaintiff brings error. Affirmed.
Under a writ of lunacy in Troup county, before a jury, of which the ticket agent of the railroad was a member, Josh Owens was adjudged insane, and committed to the State Sanatorium at Milledgeville. Being sometimes violent, he was handcuffed and taken to the railroad station by his brother, the plaintiff in error, and another friend, acting as guards. Three tickets from Mountville to Macon were purchased. The train stopped. The insane man was taken toward the passenger car, but the conductor instructed that he should be placed in the apartment ahead of the smoking car. Josh Owens violently resisted being put on the car, though it appears that he was not making any noise or outcry. The general manager of the railroad company happened to be on the train, and, seeing the condition and conduct of the insane person, gave instructions that he could not be carried on the train. The plaintiff replied that the lunatic would be quiet if they could get him on a seat, at which Josh Owens himself, with great noise and vehemence, began swearing, saying that he would not be quiet and, in reply to the continued objection of the general manager to allow him passage, plaintiff stated that he would be willing to take his brother in the baggage car, which was also declined; witness for the railroad stating at the trial that it was used for carrying express and breakables, and was not in a condition for the transportation of the insane man. The company's agent agreed, however, to transport him in the cab of a freight car due shortly thereafter, which offer was declined on the ground that that train did not make connection at Macon, the point it was necessary to go to in order to reach Milledgeville. There was evidence that, after the refusal to transport the passage money was tendered and declined, and that plaintiff was obliged to take his brother in a buggy across the country to another railroad, by which he was subsequently carried to Milledgeville. There was evidence on the part of the company that there were only two passenger coaches, in one of which there were ladies, and the other was divided into two compartments, one end of which was used as a smoker, all the seats of which were occupied by passengers, the other end being used for colored people, and in which there was a colored woman passenger; that the general manager offered to carry the insane man on the next day, if he was then quiet, or he would carry him in the cab of the freight train that passed for Macon a few hours later on the same day. The petition alleged that it was the usual custom of the company to transport lunatics and persons adjudged insane, over its line to Macon, en route to the State Sanatorium, to which allegation the defendant answered that it never refused to transport lunatics when they were quiet and not in such a condition as to render themselves dangerous to passengers, and that it would have transported Josh Owens, had he not been resisting those attempting to put him on the cars, and uttering vulgar language in a loud and boisterous manner, and that when the tickets were sold, prior to the arrival of the train, Josh Owens appeared to be quiet. At the conclusion of the evidence the court directed a verdict for the defendant, and the plaintiff excepted.
H. A Hall, for plaintiff in error.
L. F....
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