176 Ga. 385 | Ga. | 1933
In the view we take of this case, the Supreme Court has no jurisdiction of it, and the Court of Appeals has jurisdiction. In neither the overruling of the demurrer to the petition, nor in any ground of the motion for new trial complaining of the charge of the court and of failure to charge, is any question raised that would give jurisdiction to the Supreme Court, unless the exception to the charge as set out in ground 1 of the amendment to the motion for new trial gives it jurisdiction. In that ground error was assigned upon the following instruction' to the jury: “I charge you that if the plaintiff is entitled to recover, he would be entitled to recover for the damage sustained, and the measure of damages would be for the injury and damage to his property, and' for the injury and damage to his person, and for the injury or damage to him on account of any expenditures that were necessary on account of any injury received. The jury shall determine, in the event they find for the plaintiff, whether or not the injuries complained of, that is, the personal injuries, were received, and whether or not, if received, they were permanent in character, and, if permanent, the annual earning capacity of the plaintiff, the income from his labors, then the number of years that the plaintiff might be expected to
It will be observed that the exception to the charge in the instant case does not involve the construction of the constitution of the State of Georgia, or of the United States, or of a treaty between the United States and a foreign government; nor does it draw in question the construction of the constitutionality of any law of the State of Georgia or of the United States. Therefore the Supreme Court is without jurisdiction to pass upon the exception raised to the charge of the court complained of. None of the questions raised by the bill of exceptions, the overruling of the demurrer to the petition, and the amendment to the motion for new trial, involves a question of which the Supreme Court has jurisdiction. See Dennard v. State, 176 Ga. 361 (167 S. E. 310), and cit.; Howell v. State, 153 Ga. 201 (111 S. E. 675).
Transferred to the Court of Appeals.