Nelson v. Western Steel Corp.
Nelson v. Western Steel Corp.
Opinion of the Court
The injuries for which a recovery was here sought arose out of the same accident as those involved in the case of Mrozevich v. Western Steel Corporation, ante p. 668, 112 Pac. 925. In this case, however, liability on the part of the defendant company was admitted, the amount of damages was the only question submitted to the jury, and the claim that excessive damages were allowed, under the influence of passion and prejudice, is the only question presented to this court. The jury returned a verdict in favor of the plaintiff in the sum of $8,000, but the court below refused a new trial only upon condition that the plaintiff remit the sum of $2,000 from the verdict. The remission was made as directed, and from a judgment on the verdict as reduced, this appeal is prosecuted.
The pain and suffering endured by respondent in this case and the disfigurement of his person do not differ materially
Under all the circumstances, therefore, we do not feel •called upon to further reduce a verdict which has already been 'reduced by the trial court, nor do we feel that we would be justified in so doing. Finding no error in the record, the judgment is affirmed.
Dunbar, C. J., Chadwick, Crow, and Morris, JJ., concur.
Reference
- Full Case Name
- A. F. Nelson v. Western Steel Corporation
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- 4 cases
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- Syllabus
- Damages — Personal Injuries — Excessive Verdict. A verdict for ■ $8,000 for injuries to a coal miner caused by an explosion, reduced by the trial judge to $6,000, will not be held excessive on appeal, where in addition- to great pain and suffering, loss of time, and temporary disability, the plaintiff was marred and disfigured for life.