128 Ga. 469 | Ga. | 1907
While, as a general rule, the question of damages is one for the jury, it does not follow that the court may not interfere where the damages are either so small or so excessive as to justify the inference of gross mistake or undue bias. Civil Code, §3803. By the verdict the jury has found that the plaintiff is entitled to recover on account of the defendant’s negligence. There was no evidence upon which the jury could have found that
The only other question, therefore, with which we are to deal is as to whether the amount fixed by the jury was so small and disproportionate to the pain and suffering endured from the injury as to justify.the inference of gross mistake or undue bias. Under the evidence disclosed by-the record, if the plaintiff was entitled to recover anything, she was entitled to recover damages commensurate with the injury sustained. One hundred dollars was the amount fixed by-the jury, which we think is no compensation whatever for the pain and suffering already endured, to say nothing of the pain and suffering which will probably attend the plaintiff for the remainder of her life. It was insisted by counsel for the defendant in error that the verdict for this insignificant sum should be interpreted as a finding in favor of the city upon its contention that the city was not negligent, and that the pittance allowed by the jflry was a matter of mere gratuity. We can not construe the verdict in that way. A verdict for the plaintiff could not have been lawfully had against the defendant upon any theory except that of the negligence of the defendant, described in the pleadings; and when the jury expressly found against the defendant, the verdict must be 'construed according to its recitals. The jury must be taken at its wordy when by the effect of its verdict it finds that the city was negligent. In Flanders v. Mealh, 27 Ga. 358, an insignificant verdict -against a defendant, unexcepted to by the defendant, but sought to be set aside by the plaintiff upon the ground of inadequac)», was allowed to stand, but the record in that case disclosed facts going to show that the conduct of the plaintiff was such as to havé been the proximate cause of the injury, and for that reason the plaintiff was not entitled to recover anything whatever. Under those conditions, the court held that the plaintiff was not in a position to complain “for getting more than . . entitled to.” The distinction will readily be observed between that and the present case, where the injury, instead of being due to the negligence of the plaintiff, was due to the negli
Judgment reversed.