Hogan v. Malcom
Hogan v. Malcom
Opinion of the Court
1. Special ground 7 complains that the trial judge charged the jury on comparative negligence when the evidence did not authorize a finding of negligence on the part of the plaintiff. The defendant makes the point that the charge complained of is not set forth in the plaintiff’s assignment of error. “A special ground of a motion for a new trial is not complete within itself so as to present a question for adjudication where, to make it intelligible, it is necessary to refer to other parts of the record, including the charge of the court.” Bryant v. State, 104 Ga. App. 496, 497 (121 SE2d 920).
2. There is no merit in special ground 8 which complains that the court failed to charge the jury on the measure of damages for diminution in the plaintiff’s capacity to earn money. The court’s charge included an instruction on this subject. See Hunt v. Williams, 104 Ga. App. 442, 450 (122 SE2d 149), respecting proof of such damages.
3. The contention made by the plaintiff to support the general grounds and special ground 6 is that the juiy’s verdict established that the defendant was liable but the verdict was inadequate because it was for less than the actual damages proved.
The trial court did not err in overruling the motion for new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.