21 Ga. App. 324 | Ga. Ct. App. | 1917
(After stating the foregoing facts.) 1. In four grounds of the amended motion for new trial instructions to the jury are complained of. In the first, error is assigned upon an instruction on the subject of damages for pain and suffering, upon the ground that it was an expression of opinion by the court that the plaintiff was entitled to prevail. By examination of the charge it will be seen that in the preceding sentence the trial judge had instructed the jury that "if you find the defendant is liable, then you will look and see what amount of pain and suffering plaintiff has endured,” etc. When taken in connection with the charge in immediate connection therewith, it was not error for the reason alleged in the motion.
The second and third grounds complain of certain instructions to the jury as to the care which the defendant owed the plaintiff, and as to whether the defendant exercised toward the plaintiff that degree of care, namely, extraordinary diligence, upon the ground that it was therein assumed that she was a passenger upon the defendant’s train. When these charges are taken in connection with the entire charge of the court, it can readily be seen that this criticism is not well taken, as the court submitted to the jury the question whether or not the plaintiff was a passenger on the defendant’s train.
In the fourth ground the charge of the court on the credibility of the witnesses and the weight to be given to the testimony is al~
2. In the fifth ground of the amended motion it is said that the following question was asked by counsel for the defendant company of the conductor, and that the following statements by the court were made: Q. “Was that the way she was landed at Ramhurst or not?” Counsel for the plaintiff objected upon the ground that the question was leading; whereupon the court said: “I understand this witness doesn’t know anything about this lady being on the train.” Counsel for defendant: “That’s what he says.” By the court: “He can’t say that’s the way she was landed at Ramhurst. I think it very clear without all this twisting around, with four hundred questions, that all this witness knows is that nothing out of the ordinary happened when he stopped there at Ramhurst; and why in the world we want to take ■ this roundabout way, and take an hour at it, I don’t understand.” .Movant assigns error upon this statement of the court, made in the presence of the jury, upon the ground that it was calculated to discredit the testimony of the defendant’s conductor. We can not take this view of it. The conductor, when on the stand, had testified: “I don’t remember a thing about this injury, if it occurred. I don’t know anything about it. I don’t remember the fact that Mrs. Rogers was on the train or that she got off. I don’t remember anything that was done there on the 6th of October, 1913, except what was the custom and the rules .of the company.” The trial judge, therefore, in replying to counsel for defendant company, was simply reciting the previous .testimony of the witness.
3. While the evidence was conflicting, the jury passed upon it, and the trial judge approved the verdict; and this court will not interfere. We think the evidence authorized the verdict, and can
Judgment affirmed.