Simmons v. Fish
Massachusetts Supreme Judicial Court
Tort, by a minor by Ms next friend, for the loss of an eye through the alleged negligence of the defendant in permitting his son, nine years of age, to have possession and control of an air gun with which he shot the plaintiff. Writ dated May 5, 1909. In the Superior Court the case was tried before Hardy, J. The plaintiff discontinued against the defendant’s son, Charles Fish, who originally had been made a defendant.
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Tort, by a minor by Ms next friend, for the loss of an eye through the alleged negligence of the defendant in permitting his son, nine years of age, to have possession and control of an air gun with which he shot the plaintiff. Writ dated May 5, 1909. In the Superior Court the case was tried before Hardy, J. The plaintiff discontinued against the defendant’s son, Charles Fish, who originally had been made a defendant. There was evidence that on Christmas, December 25, 1908, the defendant gave to his son Charles a King air gun from which small shot or other pellets could be discharged by means…
1Opinion of the CourtRugg, C. J.
The single question presented by these exceptions is whether the Superior Court had the power (before the passage of St. 1911, c. 501, expressly conferring it), in setting aside a verdict, returned by a jury for the plaintiff in an action to recover compensation for a personal injury, on the ground of inadequacy of damages, to direct that at the new trial damages shall be the only issue, and that the other questions shall be treated as settled in favor of the plaintiff.
There can be no doubt as to the power of the court at common law to set aside a verdict as a whole for insufficient as well…
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