Ware v. McPherson

This case is appealed upon the sole ground that the verdict of the jury, awarding plaintiff #3,000 damages for personal injuries received when hit by defendants’ automobile, is excessive. Defendants claim that the trial court erred in denying their motion for new trial based upon the above contention and asked for a reversal of the judgment entered upon said verdict or for reduction of the award.

It is elementary that in such cases as this the amount of damages is committed first to the sound discretion of the jury and next to the discretion of the trial judge in ruling upon the motion for new…