SMITH v. PAYNE

33964.

85 Ga. App. 693 (1952)

70 S.E.2d 163

SMITH et al. v. PAYNE, by next friend.

Court of Appeals of Georgia.

Decided March 19, 1952.


Attorney(s) appearing for the Case

Herbert Kimzey, Weekes & Candler, Smith, Kilpatrick, Cody, Rogers & McClatchey, A. G. Cleveland, for plaintiffs in error.

Ellard & Frankum, Walter P. McCurdy, H. O. Hubert Jr., F. Jack Adams, contra.


TOWNSEND, J.

(After stating the foregoing facts.) 1. Special ground 5 of the amended motion for a new trial complains that the court erred in failing to instruct the jury as to the manner of ascertaining the damages if they should find that the plaintiff was only temporarily injured or disabled; and that the court should have charged that, if the "jury should find that the injuries received by the plaintiff were temporary, they should disregard the probable length...

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