Ake v. Birnbaum

I am in accord with the views expressed by Mr. Justice BUFORD except as to question No. 6 posed for adjudication, viz, Is not a verdict for $7,500.00 excessive when no claim is made for wrongful death and the only damages claimed are for expenses and pain and suffering during a period of approximately one week?

The issues were presented in the lower court under the first count of plaintiffs' re-amended declaration and a plea of not guilty and other pleas denying certain material portions of the re-amended first count of the declaration. The re-amended first count of the declaration is drawn…