Cent. Of Ga. Ry. Co v. Woodall

• Decision Date: 08 July 1913
• Docket Number: (No. 4,775.)
• Citation: 13 Ga.App. 50,78 S.E. 781
• Parties: CENTRAL OF GEORGIA RY. CO. v. WOODALL.
• Court: Georgia Court of Appeals

(13 Ga.App. 50)

78 S.E. 781

CENTRAL OF GEORGIA RY. CO.

v.WOODALL.

(No. 4, 775.)

Court of Appeals of Georgia.

July 8, 1913.

(Syllabus by the Court.)

1. Appeal and Error (§ 1064^*)—Harmless Error—Instructions.

In charging the jury, the court (probably by a slip of the tongue) stated that the jury were to use the Carlisle Tables to determine the probable age of the plaintiff. It is apparent from the context that the jury should readily have understood that the court meant that the tables were to aid them in arriving at the probable duration of his life; but even if this was not true, the error was harmless.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 4219, 4221-4224; Dec. Dig. § 1064.*]

2. Trial (§§ 191, 193*)—Instructions—Expression of Opinion—Ground for Reversal.

A leading issue in the trial was whether the plaintiff was injured at all. Error is assigned upon each of the following excerpts from the judge's charge to the jury, on the ground that each amounted to an intimation of opinion that an injury had been sustained by the plaintiff: (a) "Now, in this case the only damage alleged is the infliction of mental and physicalpain and suffering, as caused by the injury they sustained." (b) "If you believe this plaintiff, under the rules of evidence and law I have given you, and the evidence that has been adduced to you, has suffered mental and physical pain, and has been caused mental and physical pain and suffering, caused by this injury, then it will be for you to say how much the damage is." (c) "If you should find, under the rules I have given you, she was entitled to damages at the time and up to now, but that there were no future damages involved, you would find a sum for that amount; and if you should conclude, from the rules I have given you and the evidence adduced to you in the case, that she would suffer in the future, caused from this injury, then you would say what amount, and add that amount to the other amount. In other words, you will find a lump sum, if you should find for the plaintiff in the case." While it is reversible error for a judge, in charging the jury, to assume the existence of any fact which is in contest, and, under section 4863 of the Civil Code a new trial must be awarded when there is an intimation of opinion, even though the verdict be right, the foregoing excerpts whether considered alone or in connection with various other parts of the charge (in which the jury were expressly told that it was for them to determine whether the plaintiff had been injured), are not fairly subject to criticism on the ground that the judge therein expressed or even intimated the opinion that the plaintiff had in fact been injured.

[Ed. Note.—For other cases, see Trial, Cent. Dig. §§ 420-431, 435, 436-438; Dec. Dig. §§ 191, 193.^2-*]

Error from City Court of Houston County; A. C. Riley, Judge.

Action by Mrs. W. A. Woodall against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant brings error. Affirmed.

Ellis & Jordan, of Macon, for plaintiff in error.

S. A. Nunn, of Atlanta, and Hall & Roberts, of Macon, for defendant in error.

RUSSELL, J. The plaintiff sued the Central of Georgia Railway Company for damages for personal injuries. The evidence was in conflict, but...