City of Summerville v. Woodard

Nichols, Judge.

The first special ground of the amended motion for new trial assigns error on the failure of the trial judge to charge, without a timely written request, that the plaintiff was not entitled to recover the item of damages specified in the petition as, “loss of wages and earnings of the wife of the plaintiff.” This ground of the motion for new trial shows that the plaintiff’s wife testified that she had earned the amount alleged in the petition prior to the wreck but that she had not turned such wages over to her husband. At this point the defendant made a motion to exclude all…