6 S.E.2d 368 | Ga. Ct. App. | 1939
Lead Opinion
The court erred in overruling the motion for new trial.
1. The transaction was one involving interstate commerce even though the telegram was not transmitted across State lines. Western Union Telegraph Co. v. Czizek,
2. Congress has so far occupied the entire field of interstate business of telegraph companies as to exclude State action on the subjects not expressly excepted. 48 Stat. L. 1064; Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co.,
The court erred in overruling the motion for new trial. The judgment of reversal is adhered to on rehearing and the foregoing opinion is substituted for the original opinion.
Judgment reversed. Stephens, P. J., concurs. Sutton, J.,concurs specially.
Concurrence Opinion
The plaintiff sued the defendant for nominal damages only for its failure to transmit a telegram from Rome, Georgia, to his daughter in Milwaukee, Wisconsin. The plaintiff in error contends that the telegram was one involving interstate commerce and is controlled by the Federal rule with respect to nominal damages. The defendant in error contends that the Georgia rule is applicable to the present case, and that the verdict for $250 nominal damages can and should be upheld under the Georgia law. The act of Congress referred to in the majority opinion does not deal with the question of nominal damages, and it seems that the United States Supreme Court has not decided any case involving the question as to the amount for which a verdict for nominal damages can be sustained. Whether dependent on the Federal rule or the Georgia law, I am of the opinion that the verdict in the present case for $250 nominal damages can not be sustained.
"`Nominal damages' are a small and trivial sum awarded for a technical injury due to a violation of some legal right, and as a consequence of which some damages must be awarded to determine the right. `Nominal damages' arise by implication of law for the violation of the rights of another from which injury arises, but which is either incapable of ascertainment, or the value of which the proof wholly fails to show." (Citing.) 2 Words Phrases, Fourth Series, 800. See also 17 C. J. 714, § 34. "It has been said that while the law implies damages from the violation of every right, without proof of actual detriment it implies the smallest appreciable quantity. One dollar is the amount usually adjudged where only nominal damages are allowed. A considerable amount — as, for example, $100 or $200 — is a substantial recovery, and does not come within the definition of nominal damages; hence, a finding of nominal damages will not warrant a judgment for such amount." 15 Am. Jur. 292, § 5. Similar definitions of *540
nominal damages from many jurisdictions could be given. Under the Georgia rule it seems that there are two classes of cases wherein nominal damages may be awarded, one being where a right of the plaintiff has been violated or invaded, but where the evidence fails to show that the plaintiff has sustained any actual loss, and the other being where the plaintiff's right has been violated or invaded, followed by actual loss to the plaintiff, but where under the evidence the damages can not be established with definiteness. The present case falls within the first class, if the Georgia rule is applicable, as nominal damages only are sued for, and a verdict for $250 nominal damages could not be upheld. It was long ago held in Ransone v. Christian,
In Sellers v. Mann,
Where no actual loss is claimed the true rule is to be deduced from Ransone v. Christian, supra, and Central of Georgia Ry.Co. v. Wood,
Even if the Georgia rule should be applied in the present case, as contended by the defendant in error, the verdict for $250 nominal *543 damages can not be upheld under the pleadings and the evidence. Neither has the Congress enacted any law nor has the United States Supreme Court laid down any rule as to nominal damages; but this question has been dealt with by some of the Federal courts, and their pronouncements in respect to amounts that may be allowed for nominal damages are less liberal than the Georgia rule. The verdict for $250 in the present case is a substantial recovery and is in the nature of compensatory damages, and I am of the opinion that this verdict can not be upheld as one for nominal damages under either the State or Federal law.