Osburn v. Kansas City Southern Railway Co.

LOZIER, C.

Appellant (hereinafter referred to as defendant) appeals from a judgment for damages for personal injuries sustained by respondent (hereinafter referred to as plaintiff) as a result of defendant’s negligence. Plaintiff obtained verdict and judgment for $40,000, and, at the trial judge’s suggestion, remitted $15,000. Whereupon defendant’s motion for directed verdict or for new trial was overruled and judgment was entered for $25,000. The issues here stem from the alleged excessiveness of both the $40,000 verdict and of the $25,000 judgment.

Defendant’s first point is that the trial…