86 Ga. 503 | Ga. | 1891
It appears upon the face of the declaration that the cause of action arose and the plaintiff had knowledge of its existence more than one year before the institution of the suit. The statute of limitations was pleaded, and at the trial the defendant made a motion to dismiss the action because it was barred. This motion ought to have been granted, inasmuch as the plea was supported by facts which appeared on the face of the declaration. Under the code, §3459, the matter of the plea was available by motion, for the truth of it was established by the declaration itself. The action was for a penalty imposed by the act of 1887 upon the telegraph company for failure to deliver a message with due diligence. The act itself denominates the sum recoverable as a penalty, and this court, in Western Union Telegraph Co. v. Taylor, 84 Ga. 408, his held it to be a penalty for violating a statute by the breach of a public duty. And see Goodridge v. Union Pacific Railway Co., 35 Fed. Rep. 35.
Section 2925 of the code is in this language: “ All
Then came the act of 1855 (Acts of 1855-6, p. 236),
We have no doubt that the code intended to sum up all the cases provided for in these two previous statutes, and treat them as cases brought by informers. If this construction is not sustainable, then the code prescribed no limitation whatever for such an action as the one now under consideration, unless it falls within section 2916 which is in these words: “All suits for the enforcement of rights accruing to individuals under statutes, acts of incorporation, or by operation of law, shall be brought within twenty years after the right of action accrues.”
We think it incredible that actions for penalties should have been limited to one year when brought by an informer, and' to twenty years when brought by others not falling within the strict, literal description of informers. There is every reason why the omission of a telegraphic company to deliver a message with due promptness should not be left open to suit for twenty years. If any penalty whatever ought to be prosecuted for speedily, it would be one of this nature. To leave the company exposed to suit for the almost innumerable transactions of this kind for twenty years, would be simply absurd. In Adams v. Woods, 2 Cranch, 842, Chief Justice Marshall said, speaking of a statute of the United States: “In expounding this law, it deserves some consideration that, if it does not limit ae-tions of debt for penalties, these actions might, in many cases, be brought at any distance of time. This