75 Vt. 425 | Vt. | 1903
The plaintiff was occupying a building of the defendants’ when the defendants, with the assistance of several others, are alleged to> have assaulted and ejected him. One question was whether the defendants had extended the time of the plaintiff’s occupancy, so that he was in possession rightfully, and this question the jury decided in favor of the plaintiff by a special finding; so that, if the defendants did eject the plaintiff by committing an assault upon him, they were liable in this action. The defendant Henry was present during the whole affair, but the defendant John was present during the latter part only. The evidence tended to show an assault by Henry before John came, and also after he came. The jury
It appeared that the plaintiff paid out at least ten dollars in care of the wound, besides the damages he unquestionably suffered in pain, inconvenience and loss of time. It is now argued that, even if Henry was guilty as to' that part of the
It is also argued that in actions of this class verdicts are not to be set aside on the ground that they are inadequate, although they may be on the ground that they are excessive. No reason is suggested for this distinction, and we see none. We are aware that the rule advocated by the defendants is supported by some authorities, but we think the true rule is, that where the verdict is either so great or so small as to plainly indicate that in reaching' it the jury either disregarded the testimony or acted from, passion or prejudice, it is the duty of the Court to set it aside. Where the damages rest in the judgment of the jury they are, of course, not to be held either excessive or inadequate, unless they are grossly so; and in that respect actions of tort for personal injury commonly differ from actions in which there is some standard of damages disclosed by the contract of the parties or by exact evidence of pecuniary loss. But in the case before us the verdict barely covered, if it did quite cover, the money actually expended in consequence of the injury, so that the other elements must have been totally ignored. The authorities upon this subject are collected and reviewed in a thorough note to Benton v. Collins, 47 L. R. A. 33, 39.
Judgment affirmed and cause remanded.