Chestnut v. Autocar Co.
Chestnut v. Autocar Co.
Opinion of the Court
It is well settled that the power of the appellate courts of this state to grant a new trial upon the ground of ex-cessiveness or inadequacy of damages awarded by the jury, is exceptional in character and only to be exercised in very clear cases of wrong or injustice which the court below should have remedied: Schenkel v. Pittsburg & Birmingham Trac. Co., 194 Pa. 182; Neff v. Penna. R. R. Co., 202 Pa. 371; Stevenson v. Ebervale Coal Co., 203 Pa. 316; Stauffer v. Reading, 208 Pa. 436; Murtland v. English, 214 Pa. 325. No mere difference of opinion, nothing short of a clear conviction, compelled by the evidence, that the jury must have been influenced by partiality, passion or prejudice or by some misconception
But it is argued that there was error in the charge, which may have induced the smallness of the verdict, and, in support of this contention,.two excerpts are quoted in the assignments of error. These portions of the charge do not relate in any degree to the measure of damages. The charge upon that subject was full, clear, and adequate, and is not complained of. Inasmuch as the jury found for the plaintiff, thus implying by their verdict that the defendant was guilty of negligence and the plaintiff was not guilty of contributory negligence, it is difficult to see how the court’s instruction upon those subjects, even if not strictly accurate, could have harmed the plaintiff. But we go further, and hold that, when the instructions quoted in these assignments are considered
' Notwithstanding the able and earnest argument of appellants’ counsel to the contrary, we are of opinion that this is a correct and adequate answer to the complaints raised by the first and second assignments. When the charge is considered as a whole, and it is considered further that all of the plaintiffs’ points were practically affirmed, also that the verdict was in the plaintiffs’ favor, it becomes quite clear that the jury could not have misapprehended the charge to the plaintiffs’ injury.
The assignments of error are overruled and the judgment is affirmed.
Reference
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- Chestnut v. Autocar Company
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- Syllabus
- Appeals — New trials — Discretion of lower court — Inadequacy of damages. 1. No mere difference of opinion, nothing short of a clear conviction compelled by the evidence, that the jury must have been influenced by partiality, passion or prejudice, or by some misconception of the law or the evidence, will justify an appellate court in declaring that the trial court was guilty of abuse of discretion in refusing a new trial for inadequacy of damages, where neither the evidence in the particular case nor the law applicable thereto furnished any definite standard by which they might be measured, amd the jury had no other guide in arriving at the amount to be awarded but pure conjecture. 2. Where in an action for personal injuries, the charge of the trial judge on the subject of damages is full, clear' and adequate and is not complained of, the appellate court will not consider excerpts from the charge relating to the subject of negligence and contributory negligence as grounds for reversing the judgment and granting a new trial, where it appears from the charge as a whole and the context immediately connected with the excerpts, that such excerpts could not have influenced the jury on the question of damages. 3. Where in an action to recover damages for injuries to plaintiff’s hand the verdict is for $300 for the plaintiff, a minor, and $75.00 for his father, the appellate court will not grant a new trial on the mere ground that the trial court had abused its discretion in refusing a new trial.