Southern Railway Co. v. Garner

Nichols, Judge.

1. Special grounds numbered 4 through 8 of the defendant’s amended motion for new trial, the only special grounds of such motion, complain of the exclusion of certain evidence. Each question deals with the purported retirement of the plaintiff after the incident wherein the plaintiff was al legedly injured. Each question, according to the defendant, sought to show that the plaintiff was not permanently disabled as he contended but that he had voluntarily retired although he was able to work.

“Where material evidence is excluded, it is not reversible error if substantially the…