Legal Opinion · Concurrence

John Deere Plow Co. v. Head

Court of Appeals of Georgia

Decided December 4, 1942No. 29580Published

1ConcurrenceFelton, J.

My interpretation of the cross-action is that it is for damages for a wrong, the injuries from which were solely to the peace, happiness, and feelings of the defendant, in which event only vindictive damages may be recovered, under Code § 105-2003,’ at least so far as wounded feelings are involved. The defendant’s denomination of his damages as “punitive” would not defeat recovery or authorize damages not permitted by law. The charge of the court dealt with in the first division of the opinion was incorrect as an abstract principle of law, but if it had been given correctly it would have been…

2Cases cited6 opinions

  1. Central of Georgia Railway Co. v. PerkersonSupreme Court of Georgia · 1901
  2. Southern Railway Co. v. JordanSupreme Court of Georgia · 1907
  3. Franklin v. EvansCourt of Appeals of Georgia · 1937
  4. Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1907
  5. Georgia Railway & Electric Co. v. DavisCourt of Appeals of Georgia · 1909

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