Interurban Railway Co. v. Trainer
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; The award of $5,000 to the plaintiff as compensation for the loss of services of the deceased during her minority is manifestly excessive; it is wholly out of proportion to the amount which should have been awarded him under the proof, and can be accounted for only on the ground of prejudice or palpable mistake. 33 Ark. 363,363; 39 Id. 516. The jury were the judges of the amount and value of the child’s services, and,…
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; The award of $5,000 to the plaintiff as compensation for the loss of services of the deceased during her minority is manifestly excessive; it is wholly out of proportion to the amount which should have been awarded him under the proof, and can be accounted for only on the ground of prejudice or palpable mistake. 33 Ark. 363,363; 39 Id. 516. The jury were the judges of the amount and value of the child’s services, and, in the absence of an affirmative showing that their verdict was the result of passion and prejudice, it should be…
1Opinion of the CourtWood, J.
On the 22d of May, 1920, Aline Trainer, a girl eleven years of age, was killed by one of appellant’s cars. The jury returned a verdict in favor of the appellee in the sum of $2,000 for the benefit of the estate, and in the sum of $5,000 for the benefit of the appellee, the father of the child.
The liability of the appellant for damages on account of the death of the child is conceded, and the only question for our decision is whether or not the verdict and judgment for $5,000 in favor of the appellee, and for his benefit as father, were excessive. The little girl was a healthy, vigorous child.…
2Cases cited6 opinions
- Little Rock & Fort Smith Railway Co. v. BarkerSupreme Court of Arkansas · 1878
- St. Louis, I. M. & S. Railway Co. v. FreemanSupreme Court of Arkansas · 1880
- Little Rock & Fort Smith Railway Co. v. BarkerSupreme Court of Arkansas · 1882
- Railway Co. v. DavisSupreme Court of Arkansas · 1892
- Memphis, Dallas & Gulf Railroad v. BuckleySupreme Court of Arkansas · 1911
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3Cited by15 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Peugh v. OligerSupreme Court of Arkansas · 1961
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Hodkinson v. ParkerSouth Dakota Supreme Court · 1944
- Morel v. LeeSupreme Court of Arkansas · 1930
10 more not listed; retrieve them via the Exa API.