Greer v. Western Union Telegraph Co.

Mr. Ci-iiEE Justice Gary,

conmrring. Section 216 of the Code is as follows:

“In all actions ex delicto in which vindictive, punitive or exemplary damages are claimed in the complaint, it shall be proper for the party to recover also his actual damages sustained, and no party shall be required to make any separate statement in the complaint in such action, nor shall any party be required to elect whether he will go to trial for actual or other damages, but shall be entitled to submit his whole case to the jury under the instruction of the Court.

“In all cases where two or more acts of negligence…