City Council of Augusta v. Drawdy

The charge with reference to the degree of care required to be exercised by the child, if erroneous, was not harmful to the defendant, because there was no evidence that the child was negligent under any criterion.

The charge excepted to in special ground 5 without question authorized the jury to find two elements of damages, one, pain and suffering, and two, loss of earning capacity. Under the pleadings and evidence, it was error for the court to authorize a finding for lost earnings, as the action was for pain and suffering and there was no evidence of lost earning capacity. A diminution in…