Montgomery Light & Traction Co. v. King
Supreme Court of Alabama
Appeal from Montgomery City court. Heard before Hon. Armstead Brown. Action by Marian King, by her next friend, against the Montgomery Light & Traction Company. From a judgment setting aside a verdict for plaintiff and granting a new trial, defendant appeals. Tbe suit was for injuries consisting in tbe severing of tbe toes on tbe right foot and tbe mutilating of tbe left foot of a girl about 11 years old.
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Appeal from Montgomery City court. Heard before Hon. Armstead Brown. Action by Marian King, by her next friend, against the Montgomery Light & Traction Company. From a judgment setting aside a verdict for plaintiff and granting a new trial, defendant appeals. Tbe suit was for injuries consisting in tbe severing of tbe toes on tbe right foot and tbe mutilating of tbe left foot of a girl about 11 years old. Tbe jury returned a verdict for plaintiff in tbe sum of $2,500, which, on motion, tbe court set aside as excessively small and granted plaintiff a new trial. The cause was thoroughly tried…
1Opinion of the Court
de GRAFFENRIED, J.
We quote with approval the following excerpt from the opinion in' Moseley v. Jamison, 68 Miss. 336, 8 South. 745, as expressive of the law: “It may be conceded that where there is no standard for measuring damages, and no certain rule can be prescribed for the guidance of the jury, the court should not ordinarily grant a new trial, although the damages awarded by the jury appear to be manifestly too small. In such case of incertitude in the measure of damages, the matter must be left to' the discretion of the jury, nor should its verdict be disturbed on its finding, * * *.…
2Cases cited2 opinions
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- Moseley v. JamisonMississippi Supreme Court · 1890
3Cited by32 opinions
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Airheart v. GreenSupreme Court of Alabama · 1958
- Yarbrough v. MallorySupreme Court of Alabama · 1932
- Alabama Great Southern R. Co. v. RandleSupreme Court of Alabama · 1927
- King v. SturgisCourt of Civil Appeals of Alabama · 1970
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