45 Fla. 403 | Fla. | 1903
An action was instituted by defendant in error in the Circuit Court against plaintiff in error, a railroad com
There is no evidentiary bill of exceptions in the trans cript, and counsel for plaintiff in error have expressly abandoned all of the errors except two. The first error assigned, which is argued, is as to-the refusal of the trial court to instruct the jury to find a verdict for the defendant. In disposing of this it is sufficient to say that this assignment can not be considered in the absence of a fcil
The second and only other error assigned which is argued, is that the court erred in permitting the plaintiff to be asked, over the objection of defendant company, the following question: “What size family háve you?” The answer of witness to this question was, “I have two grown daughters married and off from home and seven children at home now. I provide for them myself. These seven are under thirteen years of age, the youngest being one and a half years, and there is a difference of about a year and a half between each of them.” In admitting this testimony the trial judge stated, in the presence of the jury, that it was admitted only for the purpose of supporting plaintiff’s testimony as to the amount of farm products raised by him as tending to show the value of his services — the plaintiff’s testimony being that as a result of his injuries he was also incapacitated for work. In passing upon this point we may remark that the plaintiff was suing for injuries to himself, and that the damage to himself was the same whether he had no family or a large fmily. The effect upon his power to labor and produce was in question, and not the application of the results of his labor. We are of the opinion that in an action by an employe to recover damages for personal injuries it is not competent for him to testify, what family he has, since the damages allowed are for the injuries inflicted upon him, anc} not on his family, and that in allowing this question and answer the court erred. Louisville & Nashville R. R. Co. v. Binion, 107 Ala. 645, 18 South. Rep. 75; Louisville & Nashville R. R. Co. v. Gower, 85 Tenn. 465, 3 S. W. Rep. 824; Driess v. Friedrich, 57 Texas, 70; Texas Mex. Ry. Co. v. Douglass. 69 Texas, 694, 7 S. W.