Case v. Yazoo &. M. V. R.
Case v. Yazoo &. M. V. R.
Opinion of the Court
delivered the opinion of the court.
The verdict rendered by the jury is grossly excessive, and the court below should have set it aside and
But the judge thereof was without power to reduce the damages awarded to such an amount as in his opinion was proper, and without the plaintiff’s consent to enter a judgment therefor. The judgment of the court below will be reversed, and, entering here the judgment which should have been entered there, the verdict will he set aside, and the cause remanded for a new trial, unless a remittitur of six hundred and fifty dollars is entered hv appellant, in which event judgment will he entered here for her in the sum of one hundred dollars.
Reversed and remanded.
Reference
- Full Case Name
- Case v. Yazoo &. M. V. R. Co.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Carriers. Excessive damages. Alighting at wrong station. Where a female railroad passenger was set down at the wrong place and was forced to walk between a quarter and a half mile to the station, in the rain, a verdict in her favor for seven hundred and fifty dollars was excessive and the trial court should have set it aside unless a proper remittitur was entered. 2. Damages. Power of court to reduce damages. In such case the judge of the trial court was without power to reduce the damages awarded to such an amount as in his opinion was proper and without plaintiff’s consent to enter a judgment therefor. The proper procedure was to set the verdict aside and award a new trial unless plaintiff entered a proper remittitur.