Cobb v. Columbia, &c., Railroad

Mr. Chief Justice MoIver.

I concur in the result; but I am not prepared to assent to the proposition that where the action is for exemplary damages, no recovery can be had for actual damages. While it may be true that exemplary damages cannot be recovered unless the complaint contains such allegations as, if true, would warrant a verdict for that species of damages, it does not follow that the converse is true.

Mr. Justice McGowan concurred in the result.