29 S.E.2d 184 | Ga. Ct. App. | 1944
1. The court erred in charging the jury as set out in ground 4 of the motion for a new trial.
2. The other grounds of the motion are not passed on.
The portion of the charge quoted is error, not for the reason that it states incorrect principles of law, but for the reason that it injects into the case issues which were raised neither by the pleadings nor the evidence. There was no item of damages alleged as to the reasonable value of the lost earnings due to injury before the date of the trial, as stated to the jury. Nor was any recovery sought for reduced earnings for a time extending into the future. Where these issues were not raised by the pleadings or the evidence, it was obviously error so to charge in connection with the charge as to loss of ability to work and labor as an element of pain and suffering.
2. Since the case is reversed on the foregoing ground, it is not necessary to pass on the general grounds of the motion, nor on the other ground that a verdict was demanded for the defendant.
Judgment reversed. Sutton, P. J., and Parker, J., concur.