7 Ga. 200 | Ga. | 1849
By the Court. —
delivering the opinion.
I shall not undertake to discuss the many grave questions which naturally arise upon this record. I shall assume, however,
But passing by these questions, I shall confine myself strictly, and within the narrowest limits, to the single point in the case.
It seems that, during the fire which occurred in the city of Macon, on the night of the 20th of August, 1844, the plaintiffs were engaged, with their servants and friends, in removing the goods from the tenement which they occupied. While thus employed, and the fire having communicated to the building in the immediate neighborhood, several kegs of powder were placed, by order of the City authorities, in their cellar, and trains laid to explode them. This fact being, made known, all the persons who had been previously engaged in removing plaintiffs’ goods, instantly desisted, and retired from the premises. Sometime elapsed before the fire reached the adjoining edifice; and it was from 30 to 60 minutes before the tenement was blown up. The plaintiffs had some fourteen or fifteen hundred dollars worth of merchandize in the store at the time, and brought their action to recover its value — a bill of particulars being annexed to their writ — upon the ground, that but for this premature movement on the part of the Mayor and Council, they could have saved all their property. The proof sustained the declaration in every particular; but the Jury returned a verdict of five dollars only. A new trial was asked, on the ground that the finding was contrary to evidence, and refused for the reason “ that this was not such a case of damages as would authorize the Court to disturb the verdict.”
Was the presiding Judge right in this opinion ?
Now, this was an action on the case, in the nature of an indebitatus assumpsit, for the value of the property of the plaintiffs, destroyed by order of the City authorities. Here was an exact measure of damages for the Jury to go by. The proof, as it appears in the bill of exceptions, as to the goods consumed and their value, was full and explicit, and uncontradicted. And yet the verdict, instead of being for $1,378*14, was for $5. It was manifestly, therefore, against evidence, and should have been set aside by the Court. From mistake, or some other cause, they found a much less amount than in justice they ought. The plaintiffs were entitled to a re-examination of the matter.
A new trial is consequently awarded.