Rentz v. Collins, 24407.

• Decision Date: 27 September 1935
• Docket Number: No. 24407.,24407.
• Citation: 51 Ga.App. 782,181 S.E. 678
• Parties: RENTZ. v. COLLINS.
• Court: Georgia Court of Appeals

51 Ga.App. 782

181 S.E. 678

RENTZ.

v.COLLINS.

No. 24407.

Court of Appeals of Georgia,

Division No. 2.

Sept. 27, 1935.

Syllabus by Editorial Staff.

Error from Superior Court, Bibb County; Louis L. Brown, Judge.

Suit by Emma Collins against G. I. Rentz. Judgment for plaintiff, and defendant brings error.

Affirmed.

Grady Gillon, of Macon, for plaintiff in error.

E. W. Tipton and Hall & Bloch, all of Macon, for defendant in error.

Syllabus Opinion by the Court.

STEPHENS, Judge.

1. Since the amount of damages for pain and suffering are determinable by theenlightened consciences of impartial jurors, it cannot be said as a matter of law that a verdict of $1,500 was excessive or the result of bias and prejudice, where there was evidence to authorize the inference that the plaintiff's injuries consisted of bruises upon her body and caused her to suffer great pain, as a result of which she was confined to her home for about six weeks and it was necessary for her to be waited on, lifted into and out of the bed, and caused her to lose the use of her arm so that she could not raise her hand to her shoulder, that her injuries were permanent and that she, at her age, which was 62 years, would continue to suffer pain as long as she lived.

2. Upon the trial of a suit in which the plaintiff alleged that she suffered personal injuries as a result of the negligent operation by the defendant of an automobile in which the plaintiff was traveling, which caused a collision between it and another automobile, a statement afterwards made by the defendant to the plaintiff that the defendant wanted the plaintiff to have all the treatment and attention necessary and would pay for such, and would probably pay something extra to the plaintiff on account of the plaintiff's suffering, was relevant and admissible as tending to show admission of liability.

3. A charge of a correct principle of law, although it may not be applicable to any issue made by the evidence, is not necessarily harmful; and where it appears from a consideration of the pleadings and all the evidence adduced that such charge could not have influenced the verdict which was rendered against the complaining party, such charge is not error. Carter v. State, 7 Ga. App. 42, 65 S. E. 1090; Hunt v. Central of Georgia Ry. Co., 7 Ga.-App. 375, 66 S. E. 1039; Stanley v. Livingston, 9 Ga. App. 523, 71 S. E. 878. Although there may not be any evidence to authorize the inference that the defendant's automobile, in which the plaintiff was traveling and which collided with another automobile, was not equipped with efficient and serviceable brakes, as alleged in the petition, yet where it appears from all the evidence, including the uncontradicted evidence, that the defendant's automobile was at the time equipped with efficient and serviceable brakes, and where the evidence was also sufficient to authorize the...