James v. Bituminous Casualty Corp.

HARDY, Judge.

This is an action by plaintiff for the recovery of damages resulting from an automobile collision. Defendant insurer admitted liability and, accordingly, the only issue tendered to the jury on trial was the question of quantum. The jury returned a verdict in favor of plaintiff in the sum of $12,000. The trial judge first ordered a re-mittitur, but, after motion by plaintiff, vacated his order and signed a judgment responsive to the verdict of the jury. From this judgment the defendant has appealed.

The accident occurred on January 3, 1958, as plaintiff stopped his car at a railway…