118 Ga. 142 | Ga. | 1903
An action for damages was brought by Stancel •against the Central of Georgia Railway Company, because of injuries alleged to have been sustained by him while riding as a passenger on a train which.collided with another train belonging to the defendant company. The contention upon which it mainly relied at the trial was that the plaintiff sustained only a few slight bruises .as a result of the collision, and that the ailments of which he complained were brought about, not by the slight injuries he received ■at that time, but by the infirmities of old age or other independent causes for which the company was not responsible. The plaintiff, ■on the other hand, insisted that the injuries received by him while riding on the defendant’s train were of a serious and permanent ■character and had incapacitated him from performing labor of any kind. There was an irreconcilable conflict in the evidence touch■ing this issue of fact, which was decided by the jury in favor of the plaintiff. The company made a motion for a new trial, based on divers grounds; but its motion was overruled, and ic excepted. ■Complaint was therein made of certain instructions to the jury with regard to the measure of damages to be allowed the plaintiff in the event they should find he was entitled to recover, the criticism made upon these instructions being that they practically left the jury free to assess whatever amount of damages they might think proper, irrespective of whether the plaintiff had successfully established his contention that he had been permanently injured. This criticism is not well founded; for the instructions complained of, when considered in connection with the whole charge given the
It appears that the plaintiff introduced in evidence the Northampton, the Carlisle, and the Actuaries’-mortality tables, as well as the annuity table appearing in Reese’s Manual, copies of which tables are published in the appendix to the 70th volume of the Georgia Reports, pp. 844-847. The trial judge explained to the jury how this annuity table could be used in conjunction with the Carlisle .mortality table, but in so doing made no mention of the other mortality tables. In the company’s motion for a new trial error is assigned upon the charge of the court in this connection, the company contending that the charge was erroneous, “ because it singled out one piece of evidence for the basis of the charge, and gave no instruction as to the other evidence of the same class.” The obvious reply to this contention is that the annuity table above mentioned was prepared with a view to showing the value of annuities on single lives according to the Carlisle table only, and can not properly be used in conjunction with either of the other mortality tables, since each furnishes calculations concerning the expectancy of life of average men of different ages wholly at variance with the calculations set forth in the Carlisle table.
A physician who was sworn as a witness in behalf of the plaintiff testified: “ From the examination I have given this man, I would say the disease he has now is what is called traumatic neurosis. . . Neurosis is a suspended condition of the nervous system. It is like nervous prostration. By ‘ traumatic ’ is meant that this condition is attributed to some accident, physical violence or shock. Neurosis is a thing that frequently exists from a number of causes other than shock; so that in determining whether a thing is traumatic neurosis or not, you must have regard to its history. The symptoms are similiar whether it be from shock and violence or from disease.” On cross-examination of this witness, the defendant company elicited from him the statement that “ anything that would keep the matter [an injury] before a man’s mind, like the matter of attending court or keeping his injury before him for the purpose of trial, retards recovery; and frequently, when that is removed, recovery is very rapid.” Counsel for the plaintiff, on redirect examination of the witness, asked him the following question: “Do you think his condition of mind is what produces the
In another ground of the'motion for a new trial the following complaint is set forth : “ After the plaintiff, William Stancel, had
Judgment affirmed.