Southern Ry. Co. v. Jordan

• Decision Date: 20 December 1907
• Citation: 59 S.E. 802,129 Ga. 665
• Parties: SOUTHERN RY. CO. v. JORDAN.
• Court: Georgia Supreme Court

59 S.E. 802

129 Ga. 665

SOUTHERN RY. CO. v. JORDAN.

Supreme Court of Georgia

December 20, 1907

Syllabus by the Court.

In an action for a tort alleged to have been committed by defendant to the plaintiff's person, it is not error to allow an amendment claiming exemplary damages in which it is, in effect, alleged that the act complained of amounted to willful misconduct, or that entire want of care which would raise the presumption of a conscious indifference to consequences.

One of the charges excepted to was subject to the criticism that it authorized a double finding of damages for wounded feelings and the court erred in not granting a new trial on account of this error.

Error from Superior Court, Pike County; E. J. Reagan, Judge.

Action by Nannie Jordan against the Southern Railway Company. Judgment for plaintiff, and defendant brings error. Reversed.

C. E Battle, for plaintiff in error.

Smith Berner, Smith & Hastings, for defendant in error.

FISH C.J.

1. The court did not err in allowing the amendment to the petition as the allegations of the amendment charged willful misconduct by the conductor, or such entire want of care on his part, as would raise the presumption of a conscious indifference by him to the consequences to the plaintiff of a compliance by her with his order. Southern Railway Co. v. O'Bryan, 119 Ga. 147, 45 S.E. 1000.

2. One ground of the motion for a new trial was that the court erred in instructing the jury as follows: "She [plaintiff] alleges that the wrongful conduct of the agents of the defendant company wounded her feelings, and asks damages for wounded feelings. If there was a tort or wrong done her by the defendant company, and it caused her wounded feelings then she would be entitled to recover damages for this. Then, in addition to this, gentlemen, she asks that she be allowed additional damages as exemplary damages on account of the wrongful conduct of the defendant company. Now, this is the rule as to that: In every tort there may be aggravating circumstances either in the act or intention, and in that event the jury may give additional damages either to deter the wrongdoer from repeating the transgression, or as compensation for the wounded feelings of the plaintiff. Gentlemen, before the plaintiff would be entitled to recover additional damages as exemplary damages, it must appear that there were aggravating circumstances either in the acts or intention of the agents or employés of the...