Louisville & N. R. Co v. Smith

• Decision Date: 19 June 1911
• Citation: 136 Ga. 455,71 S.E. 774
• Court: Georgia Supreme Court
• Parties: LOUISVILLE & N. R. CO. v. SMITH.

136 Ga. 455

71 S.E. 774

LOUISVILLE & N. R. CO.

v.SMITH.

Supreme Court of Georgia.

June 19, 1911.

(Syllabus by the Court.)

1. Damages (§ 173^*)—Personal Injuries— Evidence.

Where damages are claimed for a negligent injury to a finger, it is not error to allow questions properly illustrating the extent of the injury in its effect upon the injured person's pursuit of his ordinary vocation in life.

[Ed. Note.—For other cases, see Damages, Dec. Dig. § 173.*]

2. New Trial (§ 40*)—Instructions.

Where contributory negligence of the plaintiff is not pleaded, either as a complete defense or in mitigation of damages, it is not ground for new trial, in the absence of a written request, that the court omitted from his instructions the principle that, if plaintiff and defendant are both at fault, the former may recover; but his damages will be diminished in proportion to the amount of default attributable to him. Southern Ry. Co. v. Hooper, 110 Ga. 779, 36 S. E. 232.

[Ed. Note.—For other cases, see New Trial, Cent. Dig. §§ 62-66; Dec. Dig. § 40.*]

3. Instructions.

The charge of the court was applicable to the case, and properly adjusted to the issues raised by the pleadings. The evidence authorized the verdict.

Error from Superior Court, Fannin County; T. A. Brown, Judge pro hac.

Action by W. D. Smith against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant brings error. Affirmed.

Wm. Butt and D. W. Blair, for plaintiff in error.

O. R. Dupree and Gober & Griffin, for defendant in error.

EVANS, P. J. Judgment affirmed. All the Justices concur.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes