56 Ga. App. 720 | Ga. Ct. App. | 1937
Thomas Brewer brought suit against the Interstate Life and Accident Company to recover for alleged loss of services of his wife on account of an aggravation of her illness and sickness brought about by the alleged wilful and unlawful conduct of the defendant, and to recover for expenses incurred by him on account of such illness. It is alleged in the petition that
The evidence adduced on the trial, without going into details, was sufficient to support the allegations of the petition that the defendant, through its authorized agent, by its wilful and intentional conduct caused the alleged physical injuries to the plaintiff’s wife. It particularly appeared from the evidence, in the testimony of the physician who attended the plaintiff’s wife, that in his opinion her general condition was aggravated and her recovery set back on account of the conduct of the defendant’s agent. See Interstate Life & Accident Co. v. Brewer, 56 Ga. App. 599 (193 S. E. 458), which was the case of the wife to recover damages against the same defendant, growing out of the same transaction. The rulings there made are controlling here. The petition set out a cause of action, and the evidence was sufficient to sustain its allegations and to authorize a verdict for the plaintiff. The court did not err in overruling the demurrer to the petition, but did err in granting a nonsuit.
Judgment reversed on the main hill of exceptions; affirmed on the cross-hill.