Addair v. Majestic Petroleum Co., Inc.

Harshbarger, Justice:

“We desire to be understood that this Court does not say, or lay down any rule that there never can happen a case of such excessive damages in tort where the Court may not grant a new trial; but in that case the damages must be monstrous and enormous indeed, and such as all mankind must be ready to exclaim against, at first blush.” Beardmore v. Carrington, 2 Wilson, K. B. 244, 250, 95 Eng. Rep. 790, 793, (1764).

This case comes to us because a McDowell County Circuit Court jury found $9,900.00 damages due plaintiff, whose special damages were $126.76.

Plaintiff was burned…