Travers v. Macon Ry. & Light Co.

• Decision Date: 22 November 1916
• Docket Number: 7402.
• Parties: TRAVERS v. MACON RY. & LIGHT CO.
• Court: Georgia Court of Appeals

90 S.E. 732

19 Ga.App. 15

TRAVERS v. MACON RY. & LIGHT CO.

No. 7402.

Court of Appeals of Georgia

November 22, 1916

Syllabus by the Court.

"Damages are given as compensation for the injury sustained." Civ. Code 1910,§ 4390. Therefore, in a suit to recover damages for personal injuries, where the verdict establishes liability, and the proof shows actual damages resulting from the injuries sustained, in lost time and service, medical attention, etc., amounting to $107, and also pain and suffering, a verdict for $1 for the plaintiff was grossly inadequate and contrary to law and the evidence. The amount of the verdict was not sufficient even as nominal damages (Civ. Code 1910, § 5984), and the case was one for compensatory damages in some adequate amount. A new trial should have been granted. Moseley v. Jamison, 68 Miss. 336, 8 So. 744; Prewitt v. Telephone & Tel. Co., 46 Tex.Civ.App. 123, 101 S.W. 812.

Error from City Court of Macon; Robt. Hodges, Judge.

Action by John Travers against the Macon Railway & Light Company. Judgment for defendant, and plaintiff brings error. Reversed.

Robt. L. Berner, of Macon, for plaintiff in error.

Ellis & Glawson, of Macon, for defendant in error.

HILL, J.

Judgment reversed.

Hon. B. H. HILL, Judge of the Superior Courts of the Atlanta Circuit, was designated by the Governor and presided in this case in place of HODGES, J., disqualified.