Norval Smith v. Thomas Brady and Holt, Rinehart & Winston, Inc.

The defendants in this action for personal injuries seek to vacate a judgment of $22,500 on grounds that it is excessive and the result of prejudicial references by the trial judge to the ad damnum clause of the complaint. They challenge these portions of the charge which followed proper explanation of the measure and elements of the plaintiff’s damages:

“ * * * (The jury may) allow such damages as * * * will be a fair and just compensation for the injury which the plaintiff has sustained, not to exceed the sum of one hundred thousand dollars, the amount claimed in plaintiff’s complaint.

“The…