Barter MacHinery and Supply Company v. Muchow

Opinion by

Mr. Justice Day.

A Denver district court jury awarded the defendant in error, to whom we will refer as plaintiff, the sum of $9500 in a damage suit. It is contended by the defendant in this writ of error that the verdict is grossly excessive and was the result of the jury being erroneously instructed by the trial court that it could consider in awarding damages permanent injuries and future pain and suffering claimed by plaintiff.

The plaintiff was 78 years old and while a customer in the defendant’s business establishment was attacked and knocked down by a chained watch dog which he…