Glaze v. Mills
| Decision Date | 14 December 1903 |
| Parties | GLAZE v. MILLS. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. The plaintiff in the court below alleged that her injuries were received "without any fault on her part." She sought to recover full damages, and did not request a charge upon the law of contributory negligence and apportionment of damages. It was accordingly not error requiring the grant of a new trial for the court to charge the jury that, if they believed that the plaintiff's injuries were caused by the defendant's negligence, as alleged, she would be entitled to recover, "provided that the plaintiff's negligence did not contribute to the injury." Pierce v. Atlanta Cotton Mills, 4 S.E. 381, 79 Ga. 782; Hill v. Callahan, 8 S.E. 730, 82 Ga. 109; Ingram v. Hilton & Dodge Lumber Co., 33 S.E. 961, 108 Ga. 197 (6). Especially is this true where it appears that elsewhere in his charge the judge correctly instructed the jury as to the degree of diligence required of one situated as the plaintiff claimed to have been at the time she was injured.
2. The other charges complained of were correct in the abstract, and, there being no complaint in the motion for a new trial that any of them were not adjusted to the facts of the case, no reason is pointed out why the giving of them affords cause for granting a new trial. Central Ry. Co. v. Goodson, 45 S.E. 680, 118 Ga. 833; Binion v. Ga. So. & Fla. Ry. Co., 45 S.E. 276, 118 Ga. 282.
3. The evidence warranted a finding for the defendant, and it was not error to overrule the plaintiff's motion for a new trial, based on the general grounds that the verdict was contrary to law and the evidence.
Error from City Court of Polk County; F. A. Irwin, Judge.
Action by S.D. Glaze, by a next friend, against Josephine Mills. Judgment for defendant, and plaintiff brings error. Affirmed.
Griffith & Weatherly, Beall & Edwards, and Sanders & Davis, for plaintiff in error.
Bunn & Trawick, for defendant in error.
Judgment affirmed. All the Justices concur.
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