26 Ga. App. 52 | Ga. Ct. App. | 1920
(After stating the foregoing facts). The evidence showed the amount which had been expended for doctor’s bill, and that the plaintiff had lost about six months’ time, but it did not show any specific percentage in the diminution of his ability to labor or his capacity to earn money. Complaint is made of the following charge to the jury: “He says he suffered a permanent injury and that his capacity to earn a livelihood has deteriorated a certain per cent. You will find out what the gross sum is, if any, if you can from the evidence, and how much he
Under the facts in the case of City of Augusta v. Owens, 111 Ga. 464 (36 S. E. 830), the charge that "he would also be entitled to recover for bis decreased capacity to work if you find from the evidence that the injury received is permanent ” was sustained, the court saying in the opinion (p. 479) : “ This charge we do not think authorizes the jury to have any reference to his diminished earnings, but it has reference only to his diminished alilily to labor. But there is authority for the position that such permanent diminution of one’s power to labor constitutes an element of damages where it is the result of an injury sustained, though there be no evidence that it had any effect upon the earnings of the injured party. See Powell v. Aug. R. Co., 77 Ga. 200, where the principle is laid clown that one who has to live long in pain is more damaged than one who has to endure suffering but for a brief term. With reference to damages from pain, we quote the following from the opinion in that case: ‘ It may be thought that the loss of ability to labor is not pain, but this is a mistake. There is no greater blessing of life than ability to labor, even though the proceeds may belong to another. It is better for happiness, as well as for virtue, to work for nothing than be idle. A physical injury that destroys the power of a human being to labor is one of the most serious injuries that it is possible to inflict.’ ”
Where a recovery is allowed for permanent diminution of one’s power to labor, and there is no evidence of diminished earning capacity, the recovery must be solely for mental pain caused by knowledge of such condition, and, as hereinbefore stated, the amount of such recovery must be measured by the enlightened conscience of impartial jurors, but it is only when there is evidence which would furnish the jury a reasonable basis upon which to estimate such a loss that there can be a recovery for the pecuniary damage resulting from the actual diminution of capacity to earn money, and that the rule for estimating damages, of which complaint is made, should be given in charge to the jury. There is no such evidence in this case. It is true that the plaintiff swore that when the accident happened he was work
We therefore conclude that the court erred in giving in charge to the jury the rule for ascertaining damages, of which complaint is made.
A new trial must follow the above rulings, and it is unnecessary to consider the other grounds.
Judgment reversed.