Pickett v. Georgia, Florida & Alabama Railroad

Quillian, Judge.

The only question for decision is whether *712the petition alleged facts, which if proved, could be considered by the jury as showing bad faith on the part of the railroad company. If the averments-of -the petition are sufficient for that purpose, under the provisions of Code § 20-1404, the issue, of whether the plaintiff is entitled to recover attorney’s fees is made by the pleading.

Indicative of whether a party acts in good or bad faith in. a given transaction is his abiding by or failing to- comply with a public law made for the benefit of the opposite party, or enacted for the…