Camp v. BoothCamp v. Booth
- Reporters:
- , ,
- Before:
- Cotter
The plaintiffs, Richard Camp, Jr., and his father, Richard Camp, instituted this action against the defendants to recover damages for injuries allegedly caused by their negligence. The jury returned а verdict in favor of both plaintiffs against the defendant Booth, who then filed a motion to set aside the verdict because it was, inter alia, excessive. After the denial of her motion, she appealed and has assigned as error the denial of her motion to set aside the verdict as to Richard Camp, Jr., on the ground that the damages are excessive.
In reviewing the refusal to set aside a verdict such as the one in this case, we test the action of the trial court by the evidence contained in the appendicеs to the briefs.
State
v.
Cobb,
The quеstion before the court is “whether the award falls somewhere within the necessarily uncеrtain limits of just damages or whether the size of the verdict so shocks the sense of justice as to compel the conclusion that the jury were influenced by partiality, prejudicе, mistake or corruption.”
McKirdy
v.
Cascio,
In this case the jury could reasonably have concluded that Richard suffered considеrable pain as a result of his fall and that there was a serious emotional trauma, аs evidenced by his unusual behavior when picked up. He was legally entitled to recovеr for these elements of damage.
Orlo
v.
Connecticut Co.,
There is no error.
In this opinion the other judges concurred.