271 P. 949 | Okla. | 1928
This action was commenced in the district court of Washita county by J. A. Allums, as plaintiff, against the Kansas City, Mexico Orient Railway Company and J. A. Trumbo, as defendants, for damages by reason of plaintiff having been struck by a locomotive at a railroad crossing. The petition alleges that plaintiff was traveling along the highway in an automobile when he was struck by the locomotive; and that he was knocked from his automobile and sustained various injuries, including a broken leg, bruises on his body and a severe shock to his nervous system resulting in permanent injuries. There were two causes of action in the petition. The first cause of action was for damages in the sum of $20,000 for loss of time, impairment of earning capacity, permanent physical disabilities, expenses incurred for doctor's bills, nurse hire, hospital bills, medicine, and pain and suffering. In a second cause of action, plaintiff alleged damages to his automobile in the sum of $275, and asked for judgment for that amount. The cause was tried to a jury, and a verdict returned in favor of plaintiff for the sum of $750. Plaintiff filed a motion for new trial based upon several grounds. The court sustained the motion for a new trial on the single ground that the verdict of the jury was insufficient in *182 amount, and overruled the motion on all other grounds. From the order granting a new trial, defendants have appealed, and assign the action of the court in granting a new trial as the only error.
It is contended that section 573, C. O. S. 1921, is a direct prohibition against the granting of a new trial on account of the smallness of the damages awarded in a case of this kind. That section is as follows:
"A new trial shall not be granted on account of the smallness of the damages, in an action for an injury to the person or reputation, nor in any other action where the damages shall equal the actual pecuniary injury sustained."
On the other hand, counsel for plaintiff contends that this action does not fall within the foregoing section, but is controlled by the 5th subdivision of section 572, C. O. S. 1921, which states one of the grounds for a new trial as follows:
"Error in the assessment of the amount of recovery, whether too large or too small, where the action is upon a contract, or for the injury or detention of property."
Section 573, supra, has been construed and held to be an absolute limitation upon the power of the trial court to grant a new trial on the ground of the smallness of the recovery in an action for an injury to the person. M., K. T. Ry. Co. v. Lindsay,
It has been held by this court that a verdict for a grossly inadequate amount stands upon no higher ground in legal principle, or in rules of law, than a verdict for an excessive or extravagant amount, and a new trial may be granted upon one ground as well as upon the other, Dunlap v. Morean,
A trial court is allowed a very wide discretion in the granting of a new trial. Many of the early cases in this jurisdiction were to the effect that the Supreme Court would not reverse the order of the trial court granting a new trial, unless the Supreme Court can say, beyond all reasonable doubt, that the trial court has manifestly and materially erred with respect to some pure and unmixed question of law, and that, except for such error, the ruling of the trial court would not have been made as it was made, and that it ought not to have been so made. *183
It is pointed out in the numerous cases by this court that the granting of a new trial only places the parties in a position to have the issues between them again submitted to a jury or a court, and that the showing for a reversal should be much stronger where the error assigned is the granting of a new trial than where it is the refusal. The recent decisions of this court upon the question are quite uniform in holding that the discretion of the trial court in granting a new trial is so broad that its action in so doing will not be disturbed on appeal unless the record shows clearly that the court has erred in its view of some pure and unmixed question of law; and that the order granting a new trial is based upon such erroneous view of the law. Richards v. Claxton,
The trial court, no doubt, concluded that the verdict was not responsive to the demands of justice, and that the same should be set aside. From an examination of the record, we cannot ascertain that the trial court erred in its view of a pure and unmixed question of law, and we are of the opinion that the order granting a new trial should not here be disturbed. The order granting a new trial in the cause is affirmed.
BENNETT, HERR, DIFFENDAFFER, and HALL, Commissioners, concur.
By the Court: It is so ordered.