51 So. 306 | Ala. | 1909
Lead Opinion
This appeal, from an order granting a new trial of an action possible, alone, by virtue of the provisions of the homicide act (Code 1907,
The chief argument in support of the right of review and revision here undertaken, on the ground of inadequacy of the sum assessed in this verdict, is that the right of review and revision of verdicts on the ground of excessiveness is universally admitted, and, proceeding from this as a premise, counsel for appellee put their argument in its strongest possible form when they say: “It is a poor rule that will not work both ways.” At first blush, the argument appears sound, and to conclude to impartiality and fairness. But maturer consideration discovers its vice. That vice lies in the assumption that the right of the defendant, who complains against an excessive verdict for punitive damages, is the like and same character of right of a
The case, then, is one where the amount, of the damages (purely punitive) is-left-to the discretion of the jury. The exercise of this discretion by the. jury has never been, ,so far as we are advised, the subject of review and revision by trial courts, even where actual damages were shown and recoverable. Of course, our books abound in cases where this court reviewed the action of trial courts instructing juries that punitive damages might or might not be awarded by the jury in the given case. But this is an entirely different matter from revising the jury’s judgment merely in the .sum. assessed, upon the ground of inadequacy. The statute commits the ascertainment of the amount to the jury’s discretion. In dealing with new trials, granted or refused, on the ground of excessiveness of punitive damages stated in the verdict, the test has been often found in the inquiry, whether the verdict was the result of passion, prejudice or oppression. If so, an order for a new trial should be entered. No such
We think the principle, followed to its legitimate effect and result, forbids the review and revision of a verdict, given in an action under the homicide statute, on the sole ground of the inadequacy of the sum assessed, that could only be, and was, we must assume, so assessed, as the jury’s idea of the punishment due the wrongdoer. Of course, and perhaps it is unnecessary to state it, we have dealt only with the right of revision of verdicts in respect of punitive damages, and have not assumed to treat or doubt the inherent right of trial courts to purge their records of verdicts rendered by juries guilty of misconduct usually avoiding the conclusion set forth- in the verdicts. The order granting the new trial is reversed, and judgment will
Reversed and remanded.
Rehearing
ON REHEARING.
In asserted support of tbe application for rehearing, in respect, of the question decided, counsel for movant cite the following texts and decisr ions: 4 Suth. on Dam. § 1263; Mobile Fur. Co. v. Little, 108 Ala. 399, 19 South. 433; 14 Ency. Pl. & Pr. p. 760; Benton v. Collins, 125 N. C. 93, 34 S. E. 242, 47 L. R. A. 33; Phillips v. Railway Co., Q. B. Div. Law Records (1878-79); Lee v. Knapp, 137 Mo. 385, 38 S. W. 1107; Chouquette v. Sou. R. R. Co., 152 Mo. 257, 53 S. W. 897; Suth. on Dam. § 459; Henderson v. St. Paul R. R. Co., 52 Minn. 483, 55 N. W. 53; Watson’s Dam. for Personal Injuries, p. 884; Joyce on Dam. §§ 59, 552-562; 2 Suth. on Dam. § 393. None of these texts or decisions immediately bear upon the concrete question presented on this appeal, namely, whether a trial court may review and revise the amount of the jury’s assessment of purely punitive damages, committed for ascertainment to the jury’s discretion, on the sole ground of the inadequacy of the sum so assessed. And it may be added that in every decision cited for movant, where a new trial was sought or granted, compensatory damages were, involved, or the effort, inviting appellate consideration, was to avoid the verdict because excessive in amount.
Mobile Furniture Co. v. Little, supra, a suit on garnishment bond, had to deal with, as here pertinent, a charge wherein it was said that the burden Avas on
In the brief this quotation from Watson’s excellent work on Damages (supra,) is set down: “But the amount of such (punitive) damages is not within the arbitrary or capricious discretion of the jury; it should be reasonably adequate to the degree of fault.” The last phrase of the quotation was a credited appropriation, by the learned author, from L. & N. R. R. Co. v. Minogue, 90 Ky. 369, 374, 14 S. W. 357, 29 Am. St. Rep. 378. Appellee was a passenger on one of appellant’s trains, and was injured as the result of a collision between that and another train. The jury returned a verdict for $10,000 in favor of the appellee, and the defendant (appellant) insisted that the sum assessed was excessive. The court ruled against appellant’s stated insistence. The court, in dealing with this question of excessiveness of the verdict, used the language quoted by Mr. Watson. It is obvious that the Kentucky court was not invited, nor did it assume, to announce the recognition of the power of review and revision of verdicts for punitive damages, only, on the sole ground that the sum assessed by the jury, in its discretion, is inadequate.
The rehearing’ is denied.