Wright v. Smith

• Citation: 128 Ga. 432,57 S.E. 684
• Parties: WRIGHT v. SMITH.
• Decision Date: 20 May 1907
• Court: Supreme Court of Georgia

57 S.E. 684
128 Ga. 432

WRIGHT
v.
SMITH.

Supreme Court of Georgia.

May 20, 1907.

1. Intoxicating Liquors—Civil Damages— When Action Maintainable.

"A father, or, if the father be dead, a mother, shall have a right of action against any person who sells or furnishes spirituous liquors to his or her son under age, for his own use, and without his or her permission."

[Ed. Note.—For cases in point, see Cent. Dig. vol. 29, Intoxicating Liquors, § 434.]

2. Same—Damages.

In a suit brought upon a right of action of the character indicated in the preceding note, the plaintiff may recover both general and special damages.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 29, Intoxicating Liquors, § 453.]

3. Same.

When, in a petition setting forth a right of action of the character above referred to, the petition lays damages in a stated amount, and enumerates certain items of special damage, which, in the aggregate, amount to the exact sum sued for, the recovery of the plaintiff must be limited to the special damages alleged, and there can be no recovery for general damages.

(Syllabus by the Court.)

Error from Superior Court, Cherokee County; Geo. F. Gober, Judge.

Action by George Wright against R. J. Smith. Judgment for defendant, and plaintiff brings error. Reversed.

Smith sued Wright for damages, laid in the sum of $500. The petition alleged that the defendant was engaged in selling spirituous liquors in violation of the law, and had been selling such liquors to the minor son of the plaintiff, when the plaintiff notified him not to again sell to his son; that subsequently the defendant, notwithstanding such notice, sold to his son, a youth of 16 years, a certain quantity of liquor, which his son drank, and which intoxicated him so that he was unable to take care of himself, and, while attempting to ride upon a horse, which he mounted in the presence of the defendant, when going from the place of business of defendant to his home, he fell from the horse, and as a result thereof received serious injuries, in consequence of which he was unable to work for many months, and would be unable to work for years to come. The petition alleged that the damages sustained by the plaintiff consisted of amounts expended for medical services, for attention to his son, $75; other attention to his son while he was confined as the result of the injuries, $100; and loss of service and labor of his son on account of his being unable to work, and the impairment of his ability to work, $325...