Birmingham Electric Co. v. Howard

SIMPSON, Justice.

The appeal is from a judgment in the amount of $1750 recovered by appellee in a tort action against appellant for personal injuries received while a passenger on one of appellant’s street cars when it collided with a truck in downtown Birmingham.

The questions here are (1) whether the jury was authorized to include in its verdict an assessment for damages for probable permanent injuries and, if so, (2) was the verdict excessive?

The first proposition was raised by defendant in the trial court by special, requested, written charges and the second by motion for a new trial. On a…