46 Ga. App. 326 | Ga. Ct. App. | 1933
Plaintiff brought suit against the gas company for damages alleged to have been caused by the failure of the defendant to furnish her gas service after it had contracted with her so to do, alleging that she had offered to pay the defendant for gas service, that she did not owe the defendant for any gas furnished her when it negligently cut her gas off, and that it had in its possession her deposit of $5 to insure the payment of gas bills. To this suit the defendant demurred generally and demurred specially to various paragraphs of the petition as not setting forth the proper measure and elements of damages. On March 22, 1932, the court sustained these special grounds of the demurrer, with leave to the plaintiff to amend, hut did not pass upon the general demurrer. On April 9, 1932, the plaintiff filed an amendment which failed to meet the defects pointed out by these special grounds, but in which she sought.compensatory and punitive damages for alleged wilful and wanton violation of the defendant’s duty to her, under the law, to furnish her gas service, and for wilfully and knowingly cutting off her gas service in order to force her to pay a gas bill owed by another. The defendant renewed its demurrer and also demurred to the amendment, upon the ground, among others, that the amendment attempted to set up a new and distinct cause of action. The court on May 9, 1932, sustained
Judgment affirmed.