Holman v. Brown

Court of Appeals of Georgia

Holman v. Brown

69 S.E. 1084, 8 Ga. App. 551, 1911 Ga. App. LEXIS 37

CourtCourt of Appeals of Georgia

DecidedJanuary 24, 1911

Docket2528

StatusPublished

Cited by2 cases

This text of 69 S.E. 1084 (Holman v. Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holman v. Brown, 69 S.E. 1084, 8 Ga. App. 551, 1911 Ga. App. LEXIS 37 (Ga. Ct. App. 1911).

Pincite

Opinion

Powell,'J.

1. The evidence authorized the verdict.-

2. “In every tort there may be aggravating circumstances, either in the aet or the intention, and in that event the jury may give additional damages, either to deter the wrong-doer from repeating the trespass, or as compensation for the wounded feelings of the plaintiff.” Civil Code of 1895, § 3906. The unlawful breaking of one’s house, the scattering of household goods, and the leaving of the doors unlocked, constitute such a tort as carries aggravation “in the aet,” and, therefore, authorize the assessment of damages additional to the actual property loss, irrespective of the intent with which the tort is committed. Judgment affirmed.

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Powell,'J.

1. The evidence authorized the verdict.-

2. “In every tort there may be aggravating circumstances, either in the aet or the intention, and in that event the jury may give additional damages, either to deter the wrong-doer from repeating the trespass, or as compensation for the wounded feelings of the plaintiff.” Civil Code of 1895, § 3906. The unlawful breaking of one’s house, the scattering of household goods, and the leaving of the doors unlocked, constitute such a tort as carries aggravation “in the aet,” and, therefore, authorize the assessment of damages additional to the actual property loss, irrespective of the intent with which the tort is committed. Judgment affirmed.

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Bluebook (online)

69 S.E. 1084, 8 Ga. App. 551, 1911 Ga. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holman-v-brown-gactapp-1911.

Opinion

1. The evidence authorized the verdict.-

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