51 GAAPP 925 - Yopp v. Johnson

How this case has been cited

Cited by 7 later decisions — most recently May 1975

1 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ON REHEARING.

¶2The wrong complained of being a wilful and malicious tort, punitive damages for humiliation and embarrassment as a result of the alleged tortious act, are recoverable. Dunn v. Western Union Telegraph Co., 2 Ga. App. 846 (59 S. E. 189); American Security Co. v. Cook, 49 Ga. App. 723 (176 S. E. 798); Young v. Western & Atlantic Railroad, 39 Ga. App. 761 (148 S. E. 414). Smith v. Eubanks, 72 Ga. 280, where the tenant filed a counter-affidavit to a warrant to dispossess, and subsequently voluntarily relinquished possession, although under protest, is distinguishable. Where it is alleged in the petition that the plaintiff, as a result of the alleged eviction, was thrown into a highly nervous condition and was greatly humiliated in the presence of friends, and by reason of this “humiliation and embarrassment” she was damaged in the amount of $3000, and she prays judgment therefor, the peti*926tion alleges and prays for damages legally recoverable. The judgment of reversal is adhered to.

Decided August 17, 1935.Adhered to on rehearing, October 4, 1935.B. A. McQraw, Atkinson <& Allen, for plaintiff.W. E. Smith, G. C. Thompson, J. F. Hatchett, for defendant.