Brewer v. Gittings

Bell, Judge.

Special ground 5 of the motion for new trial contends that the verdict in favor of the plaintiff’s child in the sum of $10 is so grossly inadequate as to justify the inference of gross mistake, undue bias, and prejudice on the part of the jury.

Code § 105-2015 provides, “The question of damages being one for the jury, the court should not interfere, unless the damages are either so small or so excessive as to justify the inference of gross mistake or undue bias.” In this case the plaintiff’s injuries were severe and undoubtedly painful. There is some indication of permanent…