Gurr v. Western Union Telegraph Co.
8 Ga. App. 556 | Ga. Ct. App. | 1911
The special damages claimed were, under the allegations of the petition, so contingent in character as not to be recoverable; but as the alleged tortious breach of duty made the defendant liable to the plaintiff for nominal damages, and as there was a distinct prayer for this recovery, as well as for a recovery of the special damages, the court erred in dismissing the action on general demurrer.
Judgment reversed.