101 Ga. 776 | Ga. | 1897
The plaintiff sued the defendant in Dodge county. He alleged that he purchased from the defendant’s agent a ticket from Jacksonville, Florida, to Eastman, Georgia, which was in Dodge county, by the terms of which the defendant company bound itself to transport him from the point at which he purchased the ticket to Eastman; that under this ticket, petitioner boarded the passenger-train of the defendant, upon which it undertook to transport him, and was by the defendant conveyed upon his route as far as Jesup, Georgia, which is in Wayne county, at which point, as he alleges, he was forcibly put off the train by the conductor; and that the
We think the court erred in this ruling. The error evidently resulted from the confused state of the pleadings, and a misconception upon the part of the court of the declaration as it stood when finally submitted for its judgment. The declaration was bad in the first instance for duplicity. It declared upon a tort which was committed in a county other than that in which the suit was brought. In so far as respects damages resulting from the tort, the court was without jurisdiction to try the action, and that, part of it was properly stricken on de
We think the declaration, if proved, was sufficient to sustain a recovery for nominal damages; and the trial judge, by sustaining the demurrer, having refused to hear the plaintiff in. vindication of that right, committed error.
Judgment reversed.