Gurr v. Western Union Telegraph Co.

69 S.E. 1085, 8 Ga. App. 556, 1911 Ga. App. LEXIS 44
Court of Appeals of Georgia·Decided January 24, 1911·No. 2569·Published·Cited by 2 cases

Opinion

Powell, J.

The special damages claimed were, under the allegations of the petition, so contingent in character as not to be recoverable; but as the alleged tortious breach of duty made the defendant liable to the plaintiff for nominal damages, and as there was a distinct prayer for this recovery, as well as for a recovery of the special damages, the court erred in dismissing the action on general demurrer.

Judgment reversed.

Action for damages; from city court of Bainbridge — Judge Harrell. March 16, 1910. G. G. Bower, Hawes & Pottle, for plaintiff. Dorsey, Brewster, Howell & Heyman, Brie M. Donalson, for defendant.

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Gurr v. Western Union Telegraph Co., 69 S.E. 1085, 8 Ga. App. 556, 1911 Ga. App. LEXIS 44 (Ga. Ct. App. 1911).

69 S.E. 1085 (Gurr v. Western Union Telegraph Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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