107 Ga. 157 | Ga. | 1899
Bagwell, as next friend of his minor daughter, Della, brought suit against the Atlanta Consolidated Street Bailway Company, for damages for personal injuries alleged to have been sustained by her while a passenger on one of the defendant’s cars. The declaration alleged that the car upon which she was riding, by reason of defendant’s negligence, collided with another of its cars, causing her to jump from the car which she was on and to be violently thrown to the ground and seriously injured, and that she was entirely free from fault. The defendant answered, denying all of the material allegations of the petition. The jury returned a verdict in favor of the plaintiff for $2,500.00, and upon the overruling of the defendant’s motion for a new trial it excepted.
There is some doubt as to whether this ground is sufficiently certified to be considered, but, admitting it to be so, it is not meritorious. In his general charge the judge said to the jury, “Should you find that the defendant was negligent, and that the plaintiff exercised ordinarjf care, and that she was injured,
The seventeenth and eighteenth grounds are absolutely without merit, and seem too trivial for notice. They complain that the court erred in not allowing proof that Miss Bagwell used violent and profane language in the presence of the witness Bradbury. How such evidence could possibly illustrate any issue in the case we are unable to perceive.
Judgment affirmed.
Cross-bill dismissed.