
    4901.
    Ivey v. Louisville & Nashville Railroad Co. et al.
    
    Decided September 23, 1913.
    Action for damages; from city court of Sparta — Judge Moore. April 17, 1913.
    The petition, as amended, alleges, that the defendants are lessees of the Georgia Railroad, and that they damaged the plaintiff in the sum of $500 by reason of the following facts: On the second Sunday in September, 1912, plaintiff purchased “a ticket of the agent of defendants” at Sparta, Georgia, “from said station to Atlanta, Georgia,” and paid for it. He took passage on the train from Sparta towards Macon, Georgia, at 10:14 o’clock a. m., and the conductor on the train, the employee of the defendants, passing through the ear, took up the ticket and without remark carried him to Macon. A passenger-train passed them at a station between Sparta and Macon, after the conductor had taken up the ticket, and, if any mistake had been made,- the conductor could -and should have transferred him by east-bound train via Camak to Atlanta, Georgia, to which point he had paid transportation. He was carried to Macon, where he was a stranger, and put off the train.' He asked for a return of his ticket. The conductor looked through the tickets and said he could not find it, but it “was not worth a damn” if he could find it. “At the depot in Sparta, where plaintiff was standing on the railroad right of way, the conductor cried out ‘All aboard,’ when plaintiff, honestly thinking this was his train, boarded the same as hereinbefore stated.” Plaintiff prays judgment against the defendants in the amount aforesaid. By amendment the plaintiff struck other allegations as to damage. The judge of the city court dismissed the petition, on general demurrer.
    
      B. E. Lewis, for plaintiff,
    cited: Central B. Co. v. Perry, 58 Ga. 461 (2); Central B. Co. v. Combs, 70 Ga. 533; Atlanta Consolidated Street By. Co. v. Keeny, 99 Ga. 266; 6 Cyc. 536, 541.
    
      Joseph B. & Bryan Gumming, Burwell & Fleming, for defendants,
    cited: DeVane v. A., B. & A. B. Co., 4 Ga. App. 136; Central B. Co. v. Dorsey, 106 Ga. 826; 6 Cyc. 548, 556.
   Russell, J.

As against a general demurrer, the petition set forth a causS of action for the recovery of the sum paid by plaintiff for transportation from Sparta to Atlanta over the defendant’s railroad. As to other elements of damage, the petition set forth no cause of action. Johnson v. Seaboard Air-Line Railway, 13 Ga. App. 298 (79 S. E. 91).

Judgment reversed.  