125 Ga. 460 | Ga. | 1906
Bowen sued the defendant company for damages on account of personal injuries alleged to have been sustained by reason of the derailment of a train of the defendant, upon which he was a passenger. The jury returned a verdict in his favor, and the defendant made a motion for a new trial, upon the general and five special grounds. The first two special grounds were abandoned, however, the third, fourth, and fifth being the only ones urged here. They are as follows: “Third. Because the court erred in charging the jury as follows: ‘In some torts the entire injury is to the peace, happiness, or feelings of the plaintiff; in such cases no measure of damages- can be prescribed, except the enlightened conscience of inupartial jurors.’ And for the reason that the rules of law contained in said charge were inapplicable and improper to the case on trial.” “Fourth. Because the court erred in charging the jury as follows: ‘Gentlemen of the jury, you are in this case, as in all such cases, the judges of the law and the facts,’ for the reason that said charge contained an incorrect rule in civil eases,” etc. “Fifth. Because the court erred in the charging the jury; ‘You will forget that the plaintiff is a colored man, or the defendant a railroad corporation.’ ” Upon the overruling of the motion the defendant excepted.
As there must be a new trial, we will refrain from any expression of opinion as to the facts in the case, or weight of the evidence.
Judgment reversed.