Brush Elec. Light & Power Co. v. Simonsohn

• Decision Date: 18 March 1899
• Parties: BRUSH ELECTRIC LIGHT & POWER CO. v. SIMONSOHN.
• Court: Georgia Supreme Court

32 S.E. 902

107 Ga. 70

BRUSH ELECTRIC LIGHT & POWER CO. v. SIMONSOHN.

Supreme Court of Georgia

March 18, 1899

Syllabus by the Court.

1. The allegations of negligence in the petition were sufficiently specific and distinct to withstand the demurrer which was filed to the same.

2. In the trial of an action for personal injuries, where there was evidence tending to show a permanent disability, it was not error, after having charged generally upon the subject of physical and mental suffering, to add: "You have the right to give damages for that mental suffering which a man may have from the consciousness that his earning capacity is injured for life. That is one element of damage."

3. The evidence, though conflicting, authorized the verdict. The charges complained of, when taken in connection with the general charge, were not erroneous, and there was no error in refusing a new trial.

Error from city court of Savannah; T. M. Norwood, Judge.

Action by C. Simonsohn against the Brush Electric Light & Power Company. Judgment for plaintiff. Defendant brings error. Affirmed.

J. L Whatley and A. C. Wright, for plaintiff in error.

Seabrook & Morgan and R. R. Richards, for defendant in error.

COBB J.

Simonsohn sued the Brush electric Light & Power Company for damages alleging, in substance, that he was an employé of the Savannah Hospital, and as such had right of ingress and egress to and from the grounds of such hospital; that the defendant is engaged in furnishing electricity for lighting the streets of the city of Savannah, and for use in lighting the stores and dwellings of the city; that on a day named the defendant "negligently permitted or suffered one of its said wires, heavily charged with electricity, to lie in a fallen or detached condition in the yard or grounds of said hospital, and so carelessly and negligently kept and maintained its said apparatus on said public streets near said hospital that said wire became detached from the pole or poles upon which same was strung, whereby it fell from the public street into said yard or grounds, where it had no right to be, and there it was carelessly and negligently suffered to remain"; that, not being aware of the presence of the wire or of the danger therefrom, petitioner accidentally came in contact therewith, and inconsequence of such a contact he was by the electricity with which it was charged at the time stricken down and shocked into a state of unconsciousness; that, by reason of such injuries, his right arm was dislocated and his left hand was burned and injured permanently; that he remained sick and disabled for months after the happening of the accident; and that his health and constitution are seriously impaired. There are also allegations as to the age, condition of the health of petitioner before he received the injuries, and as to decrease in his earning capacity; it being alleged that since receiving the injuries petitioner has been incapacitated from securing remunerative employment. The damages were laid at $10,000. To this petition, the defendant demurred upon the following grounds: (1) It does not appear from the petition that plaintiff has any cause of action against this defendant. (2) The...