Elwell v. Atlanta Gas-Light Co.

The judge erred in dismissing the petition on general demurrer. In his opinion on rendering that judgment he construed the action as one ex contractu; and if this construction be true, in view of the fact that the petition did not state damages appropriate to such action, the judgment of dismissal was proper. However, with due respect'to the opinion of the judge, we, in attempting to reach a conclusion on the exceptions brought to this court, have been unable to agree to this construction. The petition alleges that the defendant was a public-service corporation, the custom appertaining…