165 Mich. 177 | Mich. | 1911
Plaintiff instituted this suit to recover for personal injuries which he claims to have suffered while riding in one of defendant’s cars. On the trial of the cause the jury returned a verdict against him. He brings the case to this court for review.
The plaintiff resides at Wayne. While on his way home from Detroit, on the 8th day of August, 1908, on one of defendant’s cars, it collided with another car near the city limits. When the collision occurred, the seat in which plaintiff was sitting and the one in front of it were forced together, thereby catching and injuring the calves
“ It is ordered that a new trial be granted to said plaintiff in said cause, unless the said defendant, within 10 days from this date, pay to the said plaintiff the sum of $300; and it is further ordered that, if the said defendant offer said sum of $300 to said plaintiff or his said counsel within 10 days from this date, and if said plaintiff declines and refuses to accept the same, then it is ordered and decreed by this court that the motion for a new trial is denied.”
Plaintiff’s counsel now assigns error, first, on the refusal of the court to grant a new trial; and, second, because the court granted a new trial with the conditions annexed.
It seems to be conceded that the defendant’s negligence caused the collision, and we think the record fairly shows that plaintiff was entitled to some damages, and he would doubtless have recovered a small sum, had not his counsel made the following statement to the jury in his closing address:
“What is the use of talking about $200 or $300. I would rather your verdict should be ‘ No cause of action ’ than to have it $200 or $300, because that would be adding insult to injury.”
It is quite probable that the jury took counsel at his word, and gave him nothing rather than to return a small verdict. In view of counsel’s invitation to the jury to return the verdict which they did, we should not be inclined to disturb it, were it not for the fact that the trial court has indicated by his order that a new trial should be granted. When a trial judge, before whom a case has been tried, is of the opinion that substantial justice has not been
We agree with the trial court that the verdict was against the weight of the evidence and that a new trial should be granted, but without the conditions imposed.
The case is reversed, and a new trial ordered.