Dalrymple v. Brunswick Coca-Cola Bottling Co.

• Decision Date: 20 September 1935
• Docket Number: 24506.
• Citation: 181 S.E. 597,51 Ga.App. 754
• Parties: DALRYMPLE v. BRUNSWICK COCA-COLA BOTTLING CO.
• Court: Georgia Court of Appeals

181 S.E. 597

51 Ga.App. 754

DALRYMPLE v. BRUNSWICK COCA-COLA BOTTLING CO.

No. 24506.

Court of Appeals of Georgia, Second Division

September 20, 1935

Syllabus by Editorial Staff.

Injury to health or physical body of person, such as tortious communication of disease, is "injury to person," action for which must be brought within two years, although resulting in monetary damages such as loss of earning capacity, expenditures for physician's services, and physical disability (Code 1933, § 3-1004).

Limitations on action for tortious communication of disease began to run from date when plaintiff contracted disease, notwithstanding plaintiff was not aware of having contracted it until later in absence of fraud on part of tort-feasor concealing facts or otherwise deterring plaintiff from instituting suit (Code 1933, §§ 3-807, 3-1004).

Petition for tortious communication of disease held generally demurrable as showing that action was barred by limitations (Code 1933, §§ 3-807, 3-1004).

Error from City Court of Brunswick; Eustace C. Butts, Judge.

Petition by M. A. Dalrymple against the Brunswick Coca-Cola Bottling Company. To review a judgment sustaining a general demurrer to the petition, plaintiff brings error.

Affirmed.

Cowart & Cowart and Troy L. Claxton, all of Brunswick, for plaintiff in error.

Reese Scarlett, Bennet & Highsmith, of Brunswick, for defendant in error.

Syllabus OPINION

STEPHENS Judge.

1. An injury to the "person," for which, when a right of action accrues, the action must be brought within two years, as provided in Code 1933, § 3-1004 (Civ. Code 1910, § 4497), is an injury to the physical body of the person. An injury to one's health is an injury to the person. The mere fact that one who has received an injury to his person suffers as a result thereof a monetary loss such as expenditures for doctor's bills, loss of earning capacity, etc., does not make the injury any less an injury to the person. The resulting monetary damages are damages resulting from an injury to the person, and not from an injury to a property right. A tortious communication of a disease, such as tuberculosis of the lungs, by one person to another by causing the person contracting the disease to work in company with a person suffering from the disease, is an injury to the person, and any monetary loss or damages flowing therefrom, such as the expenses of doctor's bills and loss of earning capacity and physical disability, where recoverable, are recoverable as damages flowing from an injury to the person, and not from an injury to a property right. The injury being an injury to the person, a suit to recover therefor must be brought within two years after the right of action accrues. Code 1933, § 3-1004 (Civ. Code 1910, § 4497). The right of action accrues immediately upon the communication of the disease. Johnson v. Bradstreet Co., 87 Ga. 79, 81, 13 S.E. 250; Frazier v. Ga. R. R. & Banking Co., 101 Ga. 70, 28 S.E. 684; Hutcherson v. Durden, 113 Ga. 987, 991, 39 S.E. 495, 54 L.R.A. 811; Raleigh & Gaston R. Co. v. Western & Atlantic R. Co., 6 Ga.App. 616, 65 S.E. 586; Patellis v. King, 48 Ga.App. 389, 172 S.E. 921.

2. Where the alleged tort-feasor, or those under whom he claims has been guilty of no fraud by which the person injured has been debarred or deterred from instituting suit within the period of limitation, mere ignorance of the person injured of the existence of facts constituting a cause of action does not prevent the running of the statute of limitations. Code 1933, § 3-807 (Civ. Code 1910, § 4380); Davis v. Boyett, 120 Ga. 649, 48 S.E....