Sampson v. Smith
Massachusetts Supreme Judicial Court
Trespass for an assault and battery. The declaration describes a most aggravated beating, wounding, and imprisonment. The defendant pleads the general issue, which is joined; and also, in justification, that he, at the time when, &c., was master of a ship, and as such master, had the inspection and management of the ship, and the government, direction, and superintendence, of the mariners on board ; that the plaintiff was a mariner on board the ship ; and that, just before…
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Trespass for an assault and battery. The declaration describes a most aggravated beating, wounding, and imprisonment. The defendant pleads the general issue, which is joined; and also, in justification, that he, at the time when, &c., was master of a ship, and as such master, had the inspection and management of the ship, and the government, direction, and superintendence, of the mariners on board ; that the plaintiff was a mariner on board the ship ; and that, just before the time when, &c., he, in violation of his duty, unfaithfully, disobediently, insolently, and riotously, behaved…
1Opinion of the CourtParker, C. J.
We express no opinion, in this case, whether the damages found by the jury are excessive or not; because we are all of opinion that, for another cause suggested, a new trial ought to be granted.
We entertain no doubt of the authority of the Court to set aside a verdict on account of the largeness of the damages. It is an authority, however, which ought to be exercised with great caution and discretion; but whenever the Court is satisfied that there is no reasonable measure between the injury and the compensation, it is their duty to submit the cause to another jury. In cases of tort, it may be…
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