Hasie v. Alabama & Vicksburg Railway Co.
Hasie v. Alabama & Vicksburg Railway Co.
Opinion of the Court
delivered the opinion of the court.
This cause was before the court at a former term on appeal from a judgment in favor of the appellee, and was reversed because of erroneous instruction given in its behalf. 78 Miss., 413; 28 So. Rep., 941. At a subsequent trial in the court below the jury awarded appellant for his personal injuries sustained the sum of $500. From this judgment he appeals, and assigns as the only ground of error that the damages awarded were inadequate. If the undisputed testimony
The judgment of the court below is
Affirmed.
Judge Calhoon having been of counsel in the case before his appointment to the bench, took no part in its decision; he recused himself and J. B. Boothe, Esq., was commissioned by the governor as special judge in his place.
Reference
- Full Case Name
- Montague S. Hasie v. Alabama & Vicksburg Railway Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Damages. Inadequate. New trial. In order to justify a court in setting’ aside a verdict and granting plaintiff a new trial because of the award of inadequate damages, it must appear that the damages awarded are, in fact, inadequate, and that the jury in estimating the same were influenced by prejudice, passion, or other improper motive. 2. Same. Conflict of evidence. Where there is a conflict of evidence as to the extent of plaintiff’s injuries, and as to whether his subsequent ailments are attributable to defendant’s acts, an award of damages will not be set aside on plaintiff’s motion as inadequate if there be evidence which justifies the conclusion that the sum awarded is full compensation. Hillv. Alabama, etc., By. Co., post, p. 587.