ATLANTIC COAST LINE R. COMPANY v. Ansley

1. Damages allowed a plaintiff for an injury to his earning capacity are compensatory and must be proved by data or facts from which the pecuniary value of such diminution can be determined (City of Atlanta v. Jolly, 39 Ga. App. 282 (1), 146 S. E. 770), and such damages cannot be awarded as “additional damages” allowable under Code § 105-2002; therefore, the court erred in charging the jury: “Now, gentlemen of the jury, in every tort, such as you are trying, there may be aggravating circumstances either in the act or the intention, and in that event you may give additional damages either to…