Atlantic Coast Line Railroad v. Conant

Supreme Court of Florida
Atlantic Coast Line Railroad v. Conant, 79 Fla. 668 (Fla. 1920)
84 So. 688
Cur

Atlantic Coast Line Railroad v. Conant

Opinion of the Court

Per Curiam.

This writ of error was taken to a judgment awarding $1,500.00 damages to Conant for injuries to himself and to an automobile caused' by a collision with a railroad locomotive. In view of the evidence showing-contributory negligence and of the nature and extent of the injuries and loss sustained, the damages awarded are manifestly excessive. See Atlantic Coast Line Ry. v. Hobbs, 71 Fla. 109. 70 South. Rep. 939. In such cases *669remittiturs are'permitted to facilitate the administration of justice and the disposition of litigated causes. If the plaintiff below enters a remittitur of $1000.00 of the damages awarded the judgment will stand affirmed for the balance; otherwise the judgment-will stand reversed for a new trial on the thirtieth day after the mandate is file’d. See Louisville & N. R. Co. v. Frank, 76 Fla. 384, 80 South. Rep. 60; Postal Telegraph Cable Co. v. Scott, 76 Fla. 336, 79 South. Rep. 767, and authorities cited; Saunders Tr. Co. v. Underwood, 77 Fla. 167.

It is so ordered.

All cono cur.

Reference

Full Case Name
Atlantic Coast Line Railroad Company, a Corporation, in Error v. Grant U. Conant, in Error
Cited By
3 cases
Status
Published
Syllabus
Where the damages awarded are excessive, a remittitur may be allowed by the Appellate Court as an alternative for granting a new trial because of the excessive award of damages.