The Western v. Mccauley

Decision Date28 February 1882
CitationThe Western v. Mccauley, 68 Ga. 818 (Ga. 1882)
PartiesThe Western and Atlantic Railroad Company. vs. McCauley.
CourtGeorgia Supreme Court

1. The verdict is supported by the evidence.

2. In fixing the amount of damages under a suit for destroying property, interest is not recoverable Co nomine, but the jury may consider the length of time damages have been withheld, the character of the tort, the conduct of the defendant, and all the circumstances of the transaction, and may, in their discretion, increase the amount of the damages allowed accordingly. 66 Ga., 499 6 Am. Dec, 196; cit. and notes; 1 Am. Lead. Cas., 511, and notes.

Crawford, Justice.

[This was a suit against a railroad for killing a bull. The court charged that, in case the jury found for ...

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23 cases
  • Callaway v. Barmore
    • United States
    • Georgia Court of Appeals
    • September 19, 1924
    ...thereto and embrace the whole in one amount. This is true even in tort cases. Central Railroad v. Sears, 06 Ga. 499; Western & Atlantic R, Co. v. McCauley, 68 Ga. 818; Gress Lumber Co. v. Coody, 104 Ga. 611 (1), 30 S. E. 810. "In all eases where an amount ascertained would be the damages at......
  • Central of Georgia Ry. Co. v. Hall
    • United States
    • Georgia Supreme Court
    • November 20, 1905
    ...12. The headnote sufficiently states our ruling on the subject of adding interest to the value of the property destroyed. Western & A. R. Co. v. McCauley, 68 Ga. 818; Central R. Co. v. Sears, 66 Ga. 499; Western & A. R. Co. v. Brown, 102 Ga. 13, 29 S.E. 130. Where damages found are discreti......
  • Callaway v. Barmore
    • United States
    • Georgia Court of Appeals
    • September 19, 1924
    ... ... amount. This is true even in tort cases. Central Railroad ... v. Sears, 66 Ga. 499; Western & Atlantic R. Co. v ... McCauley, 68 Ga. 818; Gress Lumber Co. v ... Coody, 104 Ga. 611 (1), 30 S.E. 810 ... "In all cases where an amount ... ...
  • Braner v. Southern Trust Ins. Co., s. 42284
    • United States
    • Georgia Supreme Court
    • October 17, 1985
    ...jury could award interest not as such but as part of the damages. See Central Rr. v. Sears, 66 Ga. 499 (1881); Western & Atlantic R.R. Co. v. McCauley, 68 Ga. 818(2) (1882); Ga. Rr. & Banking Co. v. Crawley, 87 Ga. 191, 192, 13 S.E. 508 In Tifton Ry. Co. v. Butler, 4 Ga.App. 191(1)(2), 60 S......
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