137 Ky. 742 | Ky. Ct. App. | 1910
Opinion of the Court by
— Reversing.
Appellant, an infant, by bis next friend instituted this action in the court below to recover of it damages for injuries sustained to Ms person by the explosion of an engine cylinder and the breaking of a piston rod, wMcli resulted in Iris confinement in a hospital for five weeks and much physical and mental suftering. He recovered a verdict and judgment for $10.000, and appellant, having been refused a new trial, has appealed.
It was appellee’s contention that the explosion of the cylinder and breaking of the piston rod were caused hy an obvious want of alignment between the cylinder and other parts of the engine, and appellant’s contention that it was caused hy a latent defect in the piston rod which it could not have discovered hy the exercise of ordinary care. There was proof to support both contentions and the case was properly submitted to the jury.
It is further insisted for appellant that the verdict was flagrantly against the evidence, and for that reason it should have been granted a new trial. We do not concur in this conclusion.- A greater number of witnesses testified in support of appellant’s theory of the case, hut at least two witnesses sustained ap
We are of opinion, however, that the verdict was excessive in amount and for that reason appellant’s second contention which rests upon that gtround should be sustained. According to appellee’s evidence he worked in a department of appellant’s manufactory disconnected from the engine of the plant, though rightfully near the engine when the cylinder exploded as he had gone there to procure oil for use in his own department; by the explosion he was knocked down and thrown upon the broken piston rod which was so heated as to severely burn his neck and arms. In addition his face and eyes were painfully burned by steam escaping from the broken cylinder and his head cut and wounded by its explosion. While, according to the testimony, appellee’s injuries were of a painful character, causing his confinement in a hospital for four or five weeks, the wound upon the head was but a scalp wound, and the burns, except the one on the neck and the injury to one of his eyes, were of little consequence. It is patent, however that the injuries to his eye and neck are of a permanent nature; while
As compared with other verdicts which this court has declared excessive that returned for the appellee in this ease would seem to be unreasonably large. In South Covington & Cincinnati Street Ry. Co. v. Ware, 84 Ky. 267, 1 S. W. 493, 8 Ky. Law Rep. 241, a verdict for $4,000, was held excessive, although the plaintiff had suffered a fracture of the fibula and rupture of some of the ligaments of the ankle resulting in confinement for eight weeks. In Louisville Southern Ry. Co. v. Minogue, 90 Ky. 369, 14 S. W. 357, 12 Ky. Law Rep. 378, 29 Am. St. Rep. 378, where the defendant’s negligence was gross and punitive damages recoverable, a verdict of $10,000 was declared excessive, although the plaintiff received external bruises, was confined to her bed seven weeks, sustained partial paralysis of a leg and had become unable to walk. In Louisville & Nashville Railroad Co. v. Survant, 96 Ky. 197, 27 S. W. 999,
It is not the province of this court to say what amount in damages should have been awarded appellee by the jury, but it is authorized to correct the injustice done appellant by the verdict complained of, as it is, in view of the evidence, so excessive in amount as to indicate that it was returned by the jury through improper sympathy for appellee or because of prejudice against appellant.
We have failed to find that the trial court committed any error in the admission or rejection of evidence.
Because of the excessiveness of the verdict, the judgment is reversed and cause remanded for a new trial consistent with the opinion.