114 Ga. 632 | Ga. | 1902
An action was brought by Carhart against Wain-man,. the proprietor of a hotel. The petition alleged that the plaintiff went to Bainbridge, Georgia, on a certain train, and was given a check for his baggage (a trunk) by the agents of the railway company. On reaching Bainbridge plaintiff left the train and went to the hotel run by Wainman. Next morning he gave his baggage-check to a porter who was employed by the defendant at the hotel, and whose duty it was to receive baggage and deliver the same to the guests. The- baggage was never delivered to plaintiff He made repeated demands upon the proprietor for either the trunk or the check, but the proprietor refused to deliver either to him. The trunk contained his clothing and was of a stated vaiue. The prayer of this petition was for the value of the trunk and its contents, and for attorney’s fees. The defendant demurred on the ground that the petition set forth no cause of action, and did not allege that the trunk was ever delivered by the railroad company to the defendant or his agent or to any one else upon the surrender of the check. The defendant also demurred specially to the prayer for attorney’s fees. The court sustained the demurrers generally. The plaintiff excepted.
As to the special demurrer to the claim- for attorney’s fees, if the trial judge put his judgment upon that ground, he was no less in error. The petition alleged that the innkeeper had capriciously refused to comply with the plaintiff’s demands for the delivery of the trunk or the check, and that the plaintiff was compelled to employ counsel to enforce his rights. If these allegations are true, then, under the Civil Code, § 3796, the jury might allow the plaintiff his attorney’s fees as damages.
Judgment reversed.