
    2569.
    Gurr v. Western Union Telegraph Company.
    Decided January 24, 1911.
   Powell, J.

The special damages claimed were, under the allegations of the petition, so contingent in character as not to be recoverable; but as the alleged tortious breach of duty made the defendant liable to the plaintiff for nominal damages, and as there was a distinct prayer for this recovery, as well as for a recovery of the special damages, the court erred in dismissing the action on general demurrer.

Judgment reversed.

Action for damages; from city court of Bainbridge — Judge Harrell. March 16, 1910.

G. G. Bower, Hawes & Pottle, for plaintiff.

Dorsey, Brewster, Howell & Heyman, Brie M. Donalson, for defendant.  