Eymard v. McKinnon

The issue in this case is one of degree. Had the jury awarded Mrs. Eymard $1.00 in general damages, we would set aside the award as inadequate; similarly, had the jury awarded $1,000,000.00, the clearly excessive verdict could not stand. But when does “much discretion” end and abuse begin ?1

To answer this question, three human beings (sitting as a panel of appellate judges), calling upon their own experiences and sensitivities and using prior decisions in cases of similar injuries as a guide, must decide whether twelve other human beings acted reasonably. In my opinion an appellate judge, in…