Chestnut v. Autocar Co.
Superior Court of Pennsylvania
Appeal, No. 123, Oct. T., 1912, by plaintiffs, from judgment of C. P. Montgomery Co., Oct. Term, 1911, No. 142, on verdict for plaintiffs in case of William Chestnut, by his next friend and father, Samuel Chestnut, and Samuel Chestnut in his own right v. The Autocar Company. Trespass to recover damages for personal injuries.
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Appeal, No. 123, Oct. T., 1912, by plaintiffs, from judgment of C. P. Montgomery Co., Oct. Term, 1911, No. 142, on verdict for plaintiffs in case of William Chestnut, by his next friend and father, Samuel Chestnut, and Samuel Chestnut in his own right v. The Autocar Company. Trespass to recover damages for personal injuries. Before Swartz, P. J. At the trial it appeared that plaintiff was injured while working in and about an automobile and lost a thumb and finger of his right hand. =• Verdict and judgment' for plaintiff for $300, and for plaintiff’s father for $75.00. Plaintiffs appealed.…
1Opinion of the Court
Per Curiam,
It is well settled that the power of the appellate courts of this state to grant a new trial upon the ground of ex-cessiveness or inadequacy of damages awarded by the jury, is exceptional in character and only to be exercised in very clear cases of wrong or injustice which the court below should have remedied: Schenkel v. Pittsburg & Birmingham Trac. Co., 194 Pa. 182; Neff v. Penna. R. R. Co., 202 Pa. 371; Stevenson v. Ebervale Coal Co., 203 Pa. 316; Stauffer v. Reading, 208 Pa. 436; Murtland v. English, 214 Pa. 325. No mere difference of opinion, nothing short of a clear…
2Cases cited10 opinions
- Bradwell v. Pittsb. Etc. Pass. Ry. Co.Supreme Court of Pennsylvania · 1891
- Murtland v. EnglishSupreme Court of Pennsylvania · 1906
- Stevenson v. Ebervale Coal Co.Supreme Court of Pennsylvania · 1902
- Valjago v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1910
- Palmer v. Leader Publishing Co.Superior Court of Pennsylvania · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Carpenelli v. Scranton Bus Co.Supreme Court of Pennsylvania · 1944
- Hammaker v. Watts TownshipSuperior Court of Pennsylvania · 1919
- Zamojc v. FisherSuperior Court of Pennsylvania · 1937
- Spence v. Stockdale BoroughSuperior Court of Pennsylvania · 1914
- Jones v. Pennsylvania Co.Superior Court of Pennsylvania · 1915
4 more not listed; retrieve them via the Exa API.