31 Ind. App. 46 | Ind. Ct. App. | 1903
Appellant avers in his complaint that in June, 1901, he was in possession of certain office rooms belonging to appellee; that, while appellant was temporarily absent, appellee obtained the keys to the premises through misrepresentation, and thereafter wrongfully, unlawfully, and maliciously dispossessed appellant of the use of the rooms for thirty days; that appellee unlawfully removed appellant’s furniture, fixtures, and dental supplies and tools from the office, and removed appellant’s signs from the doors, windows, and walls; that part of the furniture and fixtures, was defaced, lost, and broken; that appellee leased the rooms to another dentist, who had possession about thirty days — all to appellant’s damage. Appellee answered the complaint: (1) General denial; (2) surrender of possession by appellant; (3) pleading a lease, and also a contract between the parties by which appellant agreed that during the term he would abstain from the use of intoxicating liquor, and, if he failed to do so, that upon thirty days notice he would vacate the rooms; a violation of the agreement; that, on a date named, appellant agreed that he had violated his contract, waived the thirty days notice, and agreed that all matters should be referred to appellant’s brother, and agreed that any settlement which might be made between appellee and the brother, acting for appellant, should be a final adjustment of the matter, and might include the surrender of the lease and premises; that thereupon appellee and the brother agreed that the premises should be vacated by appellant, and surrendered to appellee, and the lease canceled, whereupon the brother removed from the premises the effects of appellant, and surrendered the premises to appellee, and the lease was canceled. Trial by jury, and verdict in appellant’s favor for $1, for which sum judgment was rendered, and also for $1 for costs of suit. The only question argued is the denial of a new trial.
Counsel for appellant argue that upon the subject of damages this instruction was the law by which the jury should have been bound in returning its verdict; that the jury necessarily found against appellee on his third paragraph of answer, because it found in appellant’s favor in some amount; that, being entitled to a verdict, he was entitled to such damages as the evidence shows he had sustained. In actions for personal injuries, malicious prosecution, and the like, the amount of damages to be awarded by the jury is almost wholly within the discretion of the jury, for the reason that there are no fixed standards of value from which to determine the amount. In such cases the court will hesitate to interfere with a verdict unless the jury have plainly abused the discretion vested in them. However, in these cases a verdict for inadequate damages may be set aside. See Miller v. Delaware, etc., R. Co., 58 N. J. L. 428, 33 Atl. 950; Phillips v. London, etc., R. Co., L. R. 5 Q. B. D. 78, 29 Moak Eng. Rep. 177. But in an action for damages for injury to property which has a value capable of estimation by direct proof, this discretion is, to an extent, limited.
The court properly instructed the jury that compensatory damages only could be allowed. And if the jury had
It is quite true that the jurors are the sole judges of the credibility of witnesses and the weight of evidence, and that with the proper exercise of their judgment the court should not interfere, but it will not do to say that they are clothed with an arbitrary discretion whether they will consider or disregard the evidence. Why the jury in this case saw proper to give appellant a verdict, and then defeat the purpose of the verdict by disregarding and rejecting undis
Judgment reversed.