Smith v. Hawkins

In my view the award was not only grossly excessive but it betrayed unfairness and caprice on the part of the jury or a total misconception of their duties and obligations under the law. The court found that the award was $40,000 greater than he would approve. That disproportion shows the verdict was tainted with reckless indifference and an absence of a due sense of right and justice. While the court hesitated to believe that the jury was actuated by passion and prejudice, his finding as to the excess carnes the implication that the jurors had acted unreasonably, capriciously and unfairly,…