66.010 Tort Damages; Generally; Nominal Damages

66.010 Tort Damages; Generally; Nominal Damages Damages are given as compensation for an injury done, and generally the injury is the measure when the damages are of a character to be estimated in money. If the injury is small or mitigating circumstances are strong, only nominal damages are given. What would be a proper amount of nominal damages is a question for you to decide under all the facts and circumstances of the case. O.C.G.A. §51-12-4 High Shoals Mfg. Co. v. Price, 136 Ga. 22(4) (1911) Smith v. Overby, 30 Ga. 241, 248 (1859) Batson v. Higginbothem, 7 Ga. App. 835, 838 (1910) Ransone v. Christian, 56 Ga. 351(6) (1876) Miller & Meier & Assoc. v. Diedrich, 174 Ga. App. 249, 252(3) (1985) (Note: If the action involves contracts, O.C.G.A. §9-15-9 should be charged as to costs, and if it involves slander, assault and battery, or other personal actions, O.C.G.A. §91510 should be charged. It should be noted that a verdict of a specified sum and costs is legally interpreted as such sum including costs. Hardin v. Lumpkin, 5 Ga. 452 (1848). When there is a plea of justification in a personal action, a verdict for the plaintiff less than $10.00 (the minimum sum necessary to carry costs) is self-contradictory and void. Conley v. Arnold, 93 Ga. 823 (1893). In other suits, such as negligence, see Saunders v. Parker, 20 Ga. App. 292 (1917); Grant v. General Baptist Convention, 10 Ga. App. 392 (1911).)