Willenpart v. Otis Elevator Co.

Supreme Court of Pennsylvania December 31, 1920

Willenpart v. Otis Elevator Co., 269 Pa. 131 (Pa. 1920)

112 A. 135; 1920 Pa. LEXIS 779

Brown, Frazer, Kephart, Moschziskbr, Walling

Opinion of the Court

Per Curiam,

The appellant’s sole assignment of error is that the court below erred in not setting aside the verdict on the ground of excessiveness. In the light of all the testimony that court was of opinion that the damages *132awarded to the plaintiff might have been more. The power of this court, conferred by the Act of 1891, to supervise the amount of a verdict, is, as we have repeatedly held, exceptional and tó be exercised only in very clear cases. The question of the excessiveness of a verdict is always for the court below in the first instance, and, in the case before us, we have not been convinced of any abuse of judicial discretion in refusing to disturb the damages awarded to the plaintiff.

Judgment affirmed.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Appeals — New trial — Excessiveness of verdict — Discretion of court — Act of May W, 1891, P. L. 101. Tbe excessiveness of a verdict as a ground for a new trial, is always for tbe court below in tbe first instance, and the appellate court will only reverse tbe exercise of tbe discretion of that court in exceptional and very clear eases, under tbe Act of May 20, 1891, P. L. 101.