dissenting in part.
1. I respectfully dissent with respect to Division 1 and would find no error in charging on exemplary damages and attorney fees.
OCGA § 44-12-24 provides that, except for situations not involved here, “a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts or for injuries arising from fraud to the assignor may not be assigned.”
The claims pursued by Empire and Malone involve rights of property, not rights arising out of personal torts such as bodily injury or defamation or injuries from fraud. The trailer insured by the one and the detergent contracted to be delivered by the other were, to be sure, property belonging to others. But by their contractual obligations involving the safekeeping of the trailer, on the one hand, and the delivery of the detergent, on the other hand, both became liable to the owners when the property was damaged. Rankin’s right to recover from the tortfeasor for damage to his property was a right to be fully compensated not only for the loss in value of the trailer but also the natural and probable consequences of the injury to the trailer flowing from defendant’s tortious conduct, that is, the towing charges after the collision. Purex’ right to recover was the same and included not only the loss in value of its detergent but also what it cost to clean up the mess and collect what could be salvaged. Those expenses were occasioned by the tort, and being rights of property, were assignable to the parties who were contractually bound to pay them to the *414direct victims. “Assign” in this Code section “means ‘transfer’ so as to vest title in the recipient and allow such person to sue directly.” McLanahan v. Keith, 135 Ga. App. 117, 119 (217 SE2d 420) (1975). I see no impediments to the assignment of the entire choses in action here. Even defendant recognized as much, in insisting that Empire rather than Rankin was the real party in interest as it related to the losses arising out of the smashing of the trailer by the defendant’s train.
The action was brought pursuant to OCGA § 46-1-2. As stated by the majority, it provides in subsection (e) that “anyone whose person or property has been injured by such railroad . . . [may sue] for the purpose of recovering damages for such injuries . . . .” Subsection (b) specifies the damages that may be recovered in actions against railroad companies for recovery of damages for any wrong or injury inflicted by such companies: “the damages which may be recovered in such actions shall be the same as in actions between individuals . . .” plus exemplary damages for wilful violation of law.
The expression “injury to property” is used “in its broad and general sense.” Lamb v. Howard, 145 Ga. 847, 850 (90 SE 63) (1916). In Lamb, the court said it was broad enough to comprehend a wrongful conversion of property. See also Crawford v. Crawford, 134 Ga. 114, 120-121 (67 SE 673) (1909). Since both Empire and Malone suffered a loss of their property (funds), albeit indirectly but nevertheless inescapably, as a result of the tortfeasor’s wrongful acts, they should be entitled to all of the damages allowed by subsection (b). If they cannot recover for the towing and clean up, nor the subsection (b)’s exemplary damages upon what, then, is bottomed their right to action for the loss of value of the trailer and the detergent? If it arises under OCGA § 46-1-2 (c), then all damages permitted should be recoverable.
OCGA § 46-2-90 also renders the railroad liable for its unlawful acts and omissions in violation of a statutory enactment or order of the Public Service Commission “to the persons affected thereby for all loss, damage, or injury caused thereby or resulting therefrom.” The losses incurred by Empire and Malone as the ultimate parties who had to bear the results of the railroad’s unlawfulness would thus be included. And if the proof is that the act or failure to act was willful, the jury would be authorized to fix a reasonable attorney fee under this Code section.
The exemplary damages provision is aimed at the defendant and is an effort to affect its future behavior; it is not focused on the plaintiff or awarded as compensation to it. Thus the fact that the plaintiffs were the insurer and the primary contractor should be irrelevant to whether this item of damages should be awardable.
Moreover Southern should not be permitted to avoid exposure to exemplary damages and attorney fees by insisting on the substitution *415of Empire for Malone; if the majority’s reasoning is followed* the court below erred in dismissing Rankin, who would have retained the right to these additional damages. And by the same token, Purex should have been brought in as an essential plaintiff.
Decided March 12, 1985 Rehearing denied March 29, 1985 Eileen M. Crowley, Lianne M. White, for appellant. H. Sanders Carter, Jr., for appellees.2. With regard to Division 2, while I agree with the philosophy expressed by the dissent, I cannot conclude that the trial court’s refusal to allow the expert to testify amounted to an abuse of discretion which requires a new trial.