Summers v. Southern Ry. Co

• Decision Date: 01 June 1903
• Citation: 45 S.E. 27,118 Ga. 174
• Parties: SUMMERS. v. SOUTHERN RY. CO.
• Court: Georgia Supreme Court

45 S.E. 27

118 Ga. 174

SUMMERS.

v.SOUTHERN RY. CO.

Supreme Court of Georgia.

June 1, 1903.

FALSE ARREST—EVIDENCE—VENUE.

1. No liability arises where the officer of a railroad company arrests one standing on the steps of a moving train under circumstances indicating that he is stealing a ride, in violation of the provisions of the act of 1897 (Acts 1897, p. 116; Van Epps' Supp. Code, § 6663).

2. If, after such arrest on probable cause, the train stops at a station in another county, and the plaintiff is there delivered to an officer and imprisoned, and if the detention, failure to prosecute, or other act in such latter county, gives rise to a cause of action, Civ. Code 1895, § 2334, imperatively requires that suit should be there brought.

(Syllabus by the Court)

Error from City Court of Floyd County; John H. Reece, Judge.

Action by Charles Summers, by his next friend, against the Southern Railway Company. Judgment for defendant, and plaintiff brings error. Affirmed.

Fouche & Pouche and McHenry & Mad-dox, for plaintiff in error.

Shumate & Mad-dox and Geo. A. H. Harris, for defendant in error.

LAMAR, J. This suit grew out of the same transaction, and is controlled by what was said in Southern Railway Co. v. Gresh-am, 114 Ga. 184, 39 S. E. 883 (4). It was there held that "an attempt to steal a ride by concealing one's self is a misdemeanor; that, when the conduct of a passenger is such as to afford reasonable ground and probable cause for believing that one is violating this law, the company is not liable for his arrest by the conductor, although, as a matter of fact, it be shown that there was no attempt to violate the statute." The defendant's ves-tibuled train, after leaving the regular station at Rome, stopped, as required by law, at the railroad crossing In East Rome. The plaintiff and his companion "got on the steps of one of the cars, intending to step off when the train stopped" at another crossing, near his own home, several miles further on. He testified that he had money with which to pay his fare; attempted to open the door, but found it locked; made no attempt to conceal himself; was not certain, but thought he could be seen through the glass in the door; that, in two or three minutes after starting, the door was opened, two men took him in, carried him to another car, and, after some conversation, handcuffed him, and when the train stopped at a station in Paulding county he was delivered to an officer, by him to the sheriff, and by the latter officer put in Jail. The warrant subsequently sued out charged him with stealing a ride in Paulding county. He gave bond, attended court, and at a subsequent term was discharged for want of prosecution; the solicitor referring the...