Scott v. Yazoo & Mississippi Valley Railroad

Mississippi Supreme Court
Scott v. Yazoo & Mississippi Valley Railroad, 103 Miss. 522 (Miss. 1912)
60 So. 215
Smith

Scott v. Yazoo & Mississippi Valley Railroad

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

The jury having found that appellant’s injury was caused by reason of the negligence of appellee, it thereby became its duty to render such a verdict as would *524fairly compensate liim, not only for bis actual money loss, but also for Ms suffering and disability. Tbe verdict rendered, which was for the sum of one hundred dollars, is so grossly inadequate as to indicate that, in arriving at its verdict, the jury was influenced by passion, prejudice, or corruption.

The judgment of the court below is reversed, in ■ so far as it adjudges the amount of damages to be recovered, but in all other respects will remain and be in full force and effect, and cause remanded for the purpose only of adjudging the amount of damages to be. recovered by appellant.

Reversed and remanded.

Reference

Full Case Name
Henry Scott v. Yazoo & Mississippi Valley Railroad Company
Cited By
5 cases
Status
Published
Syllabus
1. Damages. Personal injuries. Inadequate damages. Appeal and error. Where in a suit for the loss of a leg.the jury found that plaintiffs injury was caused by reason of the negligence of defendant, it thereby became its duty to render such a verdict as would fairly compensate him, not only for his actual money loss, hut also for his suffering and disability. 2. Same. In such case a verdict for the sum of one hundred dollars is so grossly inadequate as to indicate that, in arriving at its verdict, the jury was influenced by passion, prejudice or corruption. '3. Same. In such case, on appeal by the plaintiff, the supreme court will reverse the judgment of the court below in so far as it adjudges the amount of damages to be recovered, but in all other respects will allow the judgment to remain in full force and effect, and will remand the case for the purpose only of adjudging the amount of damages to be recovered by plaintiff.