42 S.E.2d 790 | Ga. Ct. App. | 1947
Lead Opinion
The court did not err in directing a verdict for the plaintiff for the amount claimed including the penalty.
2. "A person may waive or renounce what the law has established in his favor when he does not thereby injure others or affect the public interest." Code, § 102-106. "A person may lawfully waive the benefit of a statutory provision, where the rights of third persons are not involved, unless such waiver violates public policy." Mutual Life Ins. Co. v. Durden,
3. The court did not err in directing a verdict for the plaintiff for the amount of the claim with interest and the penalty provided by law.
Judgment affirmed. Sutton, C. J., concurs, and Felton, J.,concurs specially.
Concurrence Opinion
I do not think that the railroad could be held to have subjected itself to a statutory penalty by waiver or estoppel because to do so would be adding to a penal statute by implication which is not permissible. 23 Am. Jur. 631, 632, §§ 37, 38; 25 C. J., § 133, p. 1205; Southern CottonOil Co. v. Raines,