Riley v. Wrightsville & Tennille Railroad

65 S.E. 890, 133 Ga. 413, 1909 Ga. LEXIS 227
CourtSupreme Court of Georgia
DecidedOctober 13, 1909
StatusPublished
Cited by18 cases

This text of 65 S.E. 890 (Riley v. Wrightsville & Tennille Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riley v. Wrightsville & Tennille Railroad, 65 S.E. 890, 133 Ga. 413, 1909 Ga. LEXIS 227 (Ga. 1909).

Opinion

Lumpkin, J.

George M. Riley and his wife brought suit against the Wnightsville & Tennille Railroad Company and the Southern Railway Company, seeking to recover damages, which they laid at $30,000. By amendment George M. Riley was stricken from the case, leaving it to proceed in the name of Mrs. Riley. ' As amended, the allegations on which she sought to recover were sub[415]*415stantially as iollows: On July 31, 1906, her husband and. herself purchased two tickets from Dublin, Georgia, to Macon, Georgia, over the lines of the defendants. Upon arrival at the junction point of the two lines, at Empire, where they had to change cars from the line of the Wrightsville & Tennille Railroad Company to the line of the Southern Railway Company, they entered a wait-1 ing-room which was used jointly by the passengers of the defendants while waiting for trains on said roads, and which was provided for that purpose. They had to wait several hours for the train of the Southern Railway Company which would carry them to Macon. While they were waiting inside the waiting-room for said train, the employee in charge of such room, whose name was unknown to them, forced them to leave the waiting-room, and closed and locked it, and declined to let them remain in it until the arrival of the Southern Railway Company’s train. After being ejected from the waiting-room, they were exposed to the weather for several hours, and during a portion of the time there was a heavy rainstorm, and there was no other protection at said place for the accommodation of passengers of the defendants except said waiting-room. Mrs. Riley was unwell at the time, and, because of being exposed to the rainstorm, she contracted a severe cold, which caused certain sickness, pain and suffering, described. The injury to her is permanent. “The defendant companies, well knowing that passengers over their roads between Dublin and Macon, and other points, would have to stop for transfer at Empire, and that there was no place where said passengers could obtain accommodations, and in view of these facts, the said companies provided the said waiting-room for such passengers, and petitioner was told by the agents and employees of defendant companies to enter said waiting-room, and that in pursuance of such invitation and direction she entered the same and was there when she was ordered, before 10 p. m., by the employee in charge of said room to leave the same; that it was dark at the time, and she had her two children with her; and that thereafter she was exposed to the rain as hereinbefore alleged.” At the time plaintiff purchased said ticket at Dublin, she was informed by the person who sold her said ticket that she would only have to wait ten or fifteen minutes at Empire for the train to take her to Macon, and the defendants were negligent .in that such information was furnished her. The [416]*416defendants were negligent-in that no .train passed Empire within an hour after she reached said place. Each defendant demurred generally and specially to the petition. The demurrers were sustained and the action dismissed. The plaintiff excepted.

1. Three things were alleged by the plaintiff as being negligent or improper on the part of the defendants: (1) That “she was informed by the person who sold her said tickets that she would only have to wait ten or fifteen minutes at Empire for the train to take her to Macon, and that the defendants were negligent in that such information was furnished her.” (2) That “the defendants were negligent in that no train passed Empire within an hour after she reached said place.” (3). That the employee in charge of the waiting-room required her and her husband, with their children, to leave it before ten o’clock at night, and before the arrival of the Southern Railway train, causing her to be exposed to inclement weather.

As to the first ground stated, in order to charge the defendants or either of them with negligence, if there was any, because certain information was given to the plaintiff, it was necessary that it should appear that the person who furnished it represented them or one of them. It was alleged in the original petition that Mr. and Mrs. Riley purchased two tickets from Dublin to Macon over the lines of the defendants; but there was no allegation as to whom they purchased the tickets from, whether the agent of one of the defendants, or of the other, or of both, or of neither. It was not even alleged that they were purchased at the ticket-office, of either of the defendants.

The second ground stated above, taken alone, evidently set out no negligence which would form basis for recovery. The mere fact that no train passed the junction point within an hour after a passenger reached it over another road was not ipso facto negligence on the part of either company.

If the petition set forth any right to recover, it must rest on the third ground above indicated, namely, the requiring of the plaintiff, with her husband and two children, to leave the waiting-room, in the dark, and closing and locking it up before ten o’clock at night, and before the arrival of the connecting train to await which she had been shown into the waiting-room, there being an [417]*417interval of “several” hours before the arrival of the connecting train.

Tn some of the States there are statutes on the subject of keeping open waiting-rooms. Most of these have reference to waiting-rooms at stations where the traveller begins or ends his journey, are for the benefit of travellers entering or leaving trains at those points, and deal with such a situation rather than with a waiting-room at a junction, for "through passengers. The act of 1906 (Acts 1906, p. 101) was passed shortly after the occurrence involved in this suit, and therefore need not be considered. In the absence of a special law on the subject, the general rule is that a railroad company may make reasonable rules in regard to its depots and waiting-rooms. A person going to a station has no absolute right to require the waiting-room to be kept open and in comfortable condition for passengers an unreasonable length of time before that fixed for the departure of the train, nor to use the room for lying down and sleeping. Central Ry. Co. v. Motes, 117 Ga. 923 (43 S. E. 990, 62 L. R. A. 507, 97 Am. St. R. 223); Brown v. Georgia, C. & N. Ry. Co., 119 Ga. 88 (46 S. E. 71) ; Phillips v. Southern Ry. Co., 124 N. C. 123 (32 S. E. 388, 45 L. R. A. 163). It will be observed that the two cases last cited involved taking a train at a starting point, not waiting at a junction, by a passenger over two roads; and the suit in the Brown case was also held to be for a breach of contract as to passage on a particular train. In St. Louis Southwestern Ry. Co. v. Foster, 112 S. W. 797) the Court of Civil Appeals of Texas held that where a railroad company sold through tickets from a point on one of its lines to a point on another, and the passengers had to wait at a junction, in making necessary changes, from one train to another, they were still its passengers and entitled tb remain in the waiting-room until the arrival of their train. This differed from the present case in that the two lines were those of the same company. But the opinion discusses the difference between initial points and junctions, and persons entering on their journey and through passengers. In Phillips v. Southern Ry. Co.

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Bluebook (online)
65 S.E. 890, 133 Ga. 413, 1909 Ga. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-wrightsville-tennille-railroad-ga-1909.