However, he submitted no evidence of accompanying personal or property damage even if the county officials were in any way responsible. See Anderson v. Atlanta Newspapers, 212 Ga. 776 (1) ( 95 S.E.2d 847). Absolutely no evidence has been shown which caused damage to plaintiff as the result of the performance of the officials acts of these officials. The trial court did not err in directing the verdict against him, nor in denying the motion for new trial based on the general grounds.
It is, if course, elementary that a cause of action cannot be supported by the allegation of a conclusion, not supported by the facts alleged. Hendricks v. Jones, 28 Ga. App. 335, supra; Anderson v. Atlanta Newspapers, 212 Ga. 776 ( 95 S.E.2d 847); Reese v. Southern Ry. Co., 35 Ga. App. 369 (1a) ( 133 S.E. 284). 5.
Moreover, where recovery is based upon humiliation, it must be shown that the facts and circumstances were such as would likely humiliate and insult any person in like circumstances. Anderson v. Atlanta Newspapers, Inc., 212 Ga. 776, 95 S.E.2d 847 (1957); Hayes v. Irwin, 541 F. Supp. 397 (D.C.Ga.), aff'd, 729 F.2d 1466, cert. denied, 469 U.S. 857, 105 S.Ct. 185, 83 L.Ed.2d 119 (1982). Plaintiff's actions, as a matter of law, were not so severe that a reasonable person could not have endured the degree of distress generated therefrom.
Georgia law provides that before recovery may be had for humiliation, the facts and circumstances must be such that they would likely humiliate and insult any person in similar circumstances. Anderson v. Atlanta Newspapers, Inc., 212 Ga. 776, 95 S.E.2d 847 (1956). It appears to this court that any reasonable person who was forcibly taken from a hotel room, falsely charged with theft, forced to spend an unwarranted amount of time in jail in a foreign country, and made the subject of hearings in which the charging party failed to appear, would, undoubtedly be insulted and humiliated.
Allowing such damages in a case of fraud because of "insult or contumely" should only be done under an objective standard — such as upon a determination of whether a reasonable person in like circumstances would be insulted by the conduct in question. See Anderson v. Atlanta Newspapers, Inc., 212 Ga. 776, 95 S.E.2d 847 (1956). The majority states that the rude and insulting language of the defendant's agents was a primary reason for Mr. Boston's pursuing this action.