Coman v. Public Service Co-ordinated Transport
Coman v. Public Service Co-ordinated Transport
Opinion of the Court
This is plaintiff’s rule to show cause why his own verdict for $400 should not be set aside.
It is argued that the damages awarded were grossly inadequate.
We think they were.
Plaintiff was a police officer of Eahway. He was riding in a Ford roadster owned by the city and operated by another police officer. At the intersection of Central avenue and Irving street the roadster was struck by a bus owned by the defendant and operated by its servant and the plaintiff was injured. He was carried to the hospital suffering from concussion of the brain and was unconscious. He was treated in the hospital for two and a half days. The testimony reasonably tends to show that he was severely inj’ured, both physically and mentally, and that the after effects were and are of ■a persistent nature, impairing his ability to work and re
In such state of the proofs it is plain that the verdict of $400 is grossly inadequate.
We have examined with care the evidence respecting liability of the defendant and consider that it amply justifies the finding of the jury with respect thereto.
The verdict will be set aside and a new trial granted, but the new trial will be limited to the question of damages.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.