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ATLANTIC COAST LINE R. COMPANY v. ANSLEY

33522.

84 Ga. App. 89 (1951)

65 S.E.2d 463

ATLANTIC COAST LINE R. COMPANY et al. v. ANSLEY.

Court of Appeals of Georgia.

Rehearing Denied June 9, 1951.

Attorney(s) appearing for the Case

Stevens & Stevens, for plaintiffs in error.

Randall Evans Jr., contra.

FELTON, J.

1. Damages allowed a plaintiff for an injury to his earning capacity are compensatory and must be proved by data or facts from which the pecuniary value of such diminution can be determined (City of Atlanta v. Jolly, 39 Ga.App. 282 (1), 146 S. E. 770), and such damages cannot be awarded as "additional damages" allowable under Code § 105-2002; therefore, the court erred in charging the jury: "Now, gentlemen of the jury, in every tort,...

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