Southern Bell Tel. & T. Co. v. Lynch
| Decision Date | 26 November 1894 |
| Citation | 20 S.E. 500,95 Ga. 529 |
| Parties | SOUTHERN BELL TEL. & T. CO. v. LYNCH. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. The declaration alleging that the plaintiff became entangled in a coil of telephone wire belonging to the defendant, which it had negligently left lying or hanging in the street, and that, the wire becoming entangled in her clothing, she was thrown violently on the pavement and injured, and the evidence showing that one end of the wire was fastened to a pole and the other to a tree, that it was about six or seven inches from the ground, that a parcel of it was tangled up, and that the plaintiff became entangled in it, and tripped and fell over it, there was no substantial variance between the allegata and the probata as to the manner in which the injury was occasioned.
2. Although the declaration did not specifically allege any injuries to the sexual organs of the plaintiff, there was no error in allowing the plaintiff to testify to such injuries; it appearing that her evidence as to the same was admitted solely for the purpose of throwing light on the general nature of her injuries and her pain and suffering, and that the jury was instructed not to consider the same for any other purpose.
3. There was no error in refusing to require the plaintiff, during the trial, to submit to a medical examination at the instance of the defendant; it appearing that she had previously been several times examined by physicians, one of whom was sworn as a witness for the defendant.
4. The newly-discovered evidence being mainly of an impeaching character, and not being such as would, upon another trial, probably produce a finding for the defendant, is not cause for a new trial.
5. The evidence warranted the verdict, and there was no error in refusing to grant a nonsuit, nor in denying a new trial.
Error from city court of Atlanta; T. P. Westmoreland, Judge.
Action by Maggie Lynch against the Southern Bell Telephone & Telegraph Company for injuries received from falling over a wire. Judgment for plaintiff for $700, and defendant's motion for new trial denied. Defendant brings error. Affirmed.
Smith & Pendleton, for plaintiff in error.
C. Z. Blalock, for defendant in error.
Judgment affirmed.
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