Home/Supreme Court of Georgia/Georgia Railroad & Banking Co. v. Benton

Georgia Railroad & Banking Co. v. Benton

45 S.E. 70, 117 Ga. 785, 1903 Ga. LEXIS 335
CourtSupreme Court of Georgia
DecidedJune 26, 1903
StatusPublished
Cited by4 cases

This text of 45 S.E. 70 (Georgia Railroad & Banking Co. v. Benton) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia Railroad & Banking Co. v. Benton, 45 S.E. 70, 117 Ga. 785, 1903 Ga. LEXIS 335 (Ga. 1903).

Opinion

Candler, J.

1. The evidence did not warrant a finding against the defendant for punitive damages; and therefore a charge which in effect instructed the jury that they were authorized to find such damages was erroneous.

2. This not being a case where the entire injury sued for was to the peace and happiness of the plaintiff, it was erroneous to instruct the jury that they might take into consideration the worldly circumstances of the parties a.nd the amount of had faith in the transaction. Central R. Co. v. Almand, 116 Ga. 780. Judgment reversed.

All the Justices concur. Joseph B. & Bryan Gumming and James B. Bark, for plaintiff in error. James Davison, contra.

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Related

Munford, Inc. v. Anglin
329 S.E.2d 526 (Court of Appeals of Georgia, 1985)
Wilson v. McLendon
166 S.E.2d 345 (Supreme Court of Georgia, 1969)
Wyatt v. Baker
154 S.E. 816 (Court of Appeals of Georgia, 1930)
Southern Railway Co. v. Cartledge
73 S.E. 703 (Court of Appeals of Georgia, 1912)

Cite This Page — Counsel Stack

Bluebook (online)
45 S.E. 70, 117 Ga. 785, 1903 Ga. LEXIS 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-railroad-banking-co-v-benton-ga-1903.