Lindsey Turpentine Co. v. Souls
Lindsey Turpentine Co. v. Souls
Opinion of the Court
In an action for personal injuries and for damáges to an automobile at a country crossing there was verdict and judgment for $1,500.00 against the lumber company. Conceding that the injury was proximatelv caused by negligence of the defendant as alleged and that the plaintiff did not contribute thereto, the personal injuries were not serious and the repairs to the automobile are shown to have cost a little more than $400.00. Manifestly the verdict is excessive. To this extent the verdict is clearly contrary to the evidence. If a remittitur of $750.00 is entered, the judgment will stand affirmed for $750.00. Otherwise, the judgment will stand reversed
It is so ordered.
All concur.
Reference
- Full Case Name
- Lindsey Turpentine Company, a Corporation, in Error v. I. W. Souls, in Error
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- In an action to recover compensation for personal injuries and for damage to an automobile where the personal injuries are not serious and the cost of repairs to the automobile are shown, which taken together clearly indicate that the amount of the verdict is grossly excessive and consequently that the verdict is contrary to the evidence, an appropriate remittitur may be designated and permitted, with a reversal as an alternative, where liability for a proper recovery appears.