Morris v. Duncan
Supreme Court of Georgia
Action for damages. Before Judge Beid. City court of Atlanta. November 18, 1905. This ease is before this court for the second time. See Mullins v. Matthews, 122 Ga. 286. The petition was dismissed on oral demurrer. Whereupon the plaintiff sued out a writ of error, secured a reversal, and at the second hearing obtained a judgment in her-favor.
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Action for damages. Before Judge Beid. City court of Atlanta. November 18, 1905. This ease is before this court for the second time. See Mullins v. Matthews, 122 Ga. 286. The petition was dismissed on oral demurrer. Whereupon the plaintiff sued out a writ of error, secured a reversal, and at the second hearing obtained a judgment in her-favor. The defendants now assign error upon the refusal to grant a new trial, and upon certain exceptions pendente lite which were filed by them before the former writ of error was sued out by the plaintiff. In one of these exceptions complaint is made of an…
1Opinion of the CourtAtkinson, J.
1. Considering the objections urged against'the-portions of the charge last above quoted, it is evident that they were well taken. Damages which are given merely as a punishment to-deter the wrong-doer from a repetition of the offense clearly have-no reference to compensation for the wrong inflicted. The award of such damages against the estate of a wrong-doer no longer in life must fail of its object, and could not therefore be allowed. See 12 Am. & Eng. Enc. L. 42, and 13 Cyc. 120, and cit. Damages,, however, for wounded feelings are not punitive, but compensatory (see Head v. Ga. Pac. R.…
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