92 Ga. 782 | Ga. | 1894
The court overruled a general demurrer to the plaintiff’s declaration, and the trial proceeded. After the plaintiff had closed, the court granted a nonsuit. The railroad company excepted to the overruling of the demurrer, and the plaintiff to the granting of the nonsuit. Each party sued out a bill of exceptions, and the two were considered together in this court. The substance of the declaration is set forth by the reporter. We are entirely satisfied that the court erred in not sustaining the demurrer. After inflicting personal injuries upon the plaintiff, it was undoubtedly the right of the railroad company to compromise and settle his claim for damages. This, in effect, the declaration alleges wras done, and the terms of the settlement are set forth. The declaration, it is true, alleges further, with reference to the contract of settlement, that the “ defendant was not acting in good faith with him [the plaintiff] in making
We have not closely examined the evidence offered by the plaintiff in support of his declaration, nor is it at all necessary to do so. As the declaration was fatally defective and should have been dismissed on demurrer, we will not reverse the judgment of nonsuit granted by the court. The plaintiff’s case ought to have been cut off before it ever reached the point where the question of nonsuit could arise. Judgment in the first case reversed, and in the second case affirmed.