42 Ind. App. 520 | Ind. Ct. App. | 1908
This is an action by appellee against appellant. He alleges in a single paragraph of complaint that his
A demurrer to the complaint was overruled, a general denial filed, trial had, resulting in a verdict in favor of appellee, fixing his damages at $5,000-. Appellant’s motion for judgment on -the answers to interrogatories returned with the verdict was overruled, and judgment rendered for the amount specified in the verdict. Errors assigned are the overruling of the demurrer and of said motion which had been made a reason in the motion for a new trial.
' So that at least three-fourths of the $5,000 damages assessed by the jury in favor of appellee must have been based exclusively upon the loss. of the society and companionship of his wife, and it seems quite evident that the jury must have considered the loss to the appellee of his wife, and not the mere loss of her services and companionship for the brief period of one year. These damages seem to us excessive and unreasonable, and require the court to scrutinize carefully all questions arising in the record that could in any way affect the damages assessed.