Peaney v. Davis

LLOYD, J,

Cleo Davis commenced an action in the Lucas Common Pleas against Newton Peaney to recover damages by reason of personal injuries claimed to have been sustained by her in an automobile collision in the city of Toledo. A verdict for $20,000 was returned in her favor, upon which judgment for $15,000 was rendered, a remittitur of $5000 having been ordered by the court and consented to.

Error was prosecuted and a reversal of the judgment was sought upon alleged errors in the charge of the court, excessive verdict and same being against the weight of the evidence. The Court of Appeals held:

A…