Majority
p. 923Eva Roesler, an Infant, by Her Guardian ad Litem, Victoria Roesler, Respondent, v. Dunkirk Home Telephone Company, Appellant.
Order denying motion for new trial upon ground of newly-discovered evidence affirmed, with costs. Judgment and order denying motion for new trial upon the minutes of the court reversed and new trial granted, with costs to appellant to abide event. Held, that the exception to the charge per
p. 924
mitting the jury to award damages for permanent injuries and the refusal to charge specifically upon that subject as requested was error. All concurred.