The Hitchcock Corporation v. Turner

Full title: THE HITCHCOCK CORPORATION v. TURNER et al

Court: Court of Appeals of Georgia

Date published: Sep 27, 1960

116 S.E.2d 653 (Ga. Ct. App. 1960)

116 S.E.2d 653

Opinion

38497.

DECIDED SEPTEMBER 27, 1960.

Action for damages. Fulton Civil Court. Before Judge Henson. June 13, 1960.

Smith, Swift, Currie, McGhee Hancock, Glover McGhee, for plaintiff in error.

Bagwell Hames, James A. Bagwell, contra.

NICHOLS, Judge.

1. A petition seeking to recover only punitive and exemplary damages is subject to general demurrer ( Beverly v. Observer Publishing Co., 88 Ga. App. 490, 77 S.E.2d 80; Gartrell v. Afro-American Life Ins. Co., 88 Ga. App. 806, 78 S.E.2d 92), and the judgment of the trial court overruling the defendant's general demurrer to the plaintiffs' petition must be reversed since only punitive and exemplary damages were sought.

2. Where the judgment of the trial court overruling the defendant's general demurrer to the plaintiffs' petition is reversed the questions raised by the defendant's special demurrers become nugatory. DeWinne v. Waldrep, 101 Ga. App. 570 ( 114 S.E.2d 455).

Judgment reversed. Felton, C. J., and Bell, J., concur.

DECIDED SEPTEMBER 27, 1960.

NICHOLS, Judge.

Eldridge H. Turner and Dorothy W. Turner sued The Hitchcock Corporation to recover because of an alleged trespass by the defendant corporation. Such alleged trespass resulted from concussion caused by the defendant having caused explosions to take place in a quarry located approximately 2,000 yards from the plaintiffs' dwelling. The petition alleged that the plaintiffs were entitled to recover $5,000 as punitive damages, and these are the only damages prayed for. The defendant's general demurrer and special demurrers were overruled and the defendant now excepts to such judgment adverse to it.