80 P. 359 | Ariz. | 1905
On May 9, 1901, the appellee purchased from the agent of the Atchison, Topeka, and Santa Fe Eailway Company in Denver, Colorado, a round-trip excursion ticket entitling him to passage from that city to Deming, New Mexico, thence over the Southern Pacific Company’s line to Maricopa, thence over the Maricopa and Phoenix Eailroad to Phoenix, and to a return by the same route. The terms of the
In his action against the appellant, brought in the district court of Maricopa County on March 20, 1902, the appellee claimed four different elements of damage, viz.: 1. For the loss of his railroad ticket; 2. Expenses necessarily Incurred while detained in Tucson; 3. Injury to his business from the delay; and 4. Mental suffering, anguish, and humiliation. With its answer to the suit, the appellant tendered and paid into court the sum of $48.20, for the value of the ticket' and the fare paid. A trial of the ease resulted in a verdict in favor of the appellant, which, on the appellee’s motion, however, was set aside by the court and a new trial granted, on account of a technical defect in the tender, under the peculiar state of the pleadings. Upon the second trial of the case,' under slightly amended pleadings, the jury returned the following verdict against the appellant:—
“We, the jury duly impaneled and sworn in the above-entitled action, upon our oaths do find for the plaintiff, and assess his damages at:
$ 48 20, railroad ticket.
22 00, expenses in Tucson.
1,000 00, injured feelings.
$1,070 20
“C. M. Zander, Foreman.”
There was a motion by the appellant to set aside this verdict and for a new trial, based upon various grounds,— among others, that the verdict was excessive, not warranted by the evidence, and was given under the influence of passion and prejudice. In ruling upon this motion, the learned judge of the trial court expressed his views as follows: “The verdict of the jury in this cause shows that they found as a
Of the errors which the appellant assigns, one which we deem to be of chief consequence is based upon the action of the trial court with reference to the remittitur, involving, as it doés, an important question of procedure, which has never been directly passed upon in this territory. It was the expressed view of the trial court that the award by the jury of one thousand dollars for the injury to the feelings of the appellee was clearly in excess of what was just and proper as a money compensation therefor. It must also have appeared to the court, as it conclusively does to us, that this verdict, so disproportionate to the injury proved, was not the result of cool and dispassionate consideration of the jury. Under these circumstances, did the court have the power, against the objection of either party, to render judgment for the balance of the verdict, after remitting therefrom the part which it deemed excessive? Upon this question there is an apparent conflict in the authorities, attributable in some measure to the varying provisions of the local codes. There are actions, the subject of which has a contract, commercial, or other established standard of valuation, where the amount of the verdict, when the facts are shown, becomes generally mere matter of computation. It seems to be well settled that in this class of actions any excess in the verdict above what the evidence satisfactorily establishes may, with the assent of the party in whose favor it is rendered, be eliminated by remittitur, and judgment entered for the residue. “The exercise of such power,” it has been said, “is sanctioned on the theory that the excess arises from misapprehension of the law or the facts, or error in computation, not necessarily permeating and vitiating the entire verdict, and which it is competent to correct, with the assent of the party whom alone the correction could prejudice, by striking therefrom any distinct item, or excess in the computation of its value, appearing to be unsupported by the evidence.” The rule is a salutary one, and, when employed with discretion, terminates litigation while promoting justice. But in that class of actions in which the opinion of the jury, unaided by any known standard of valuation, determines the magnitude of the recovery, the power of the court over an excessive verdict is
In the case at bar the trial court was of the opinion that more than half of the damages awarded for the appellee’s “injured feelings” were excessive. It was impossible to tell
Other errors are assigned by the appellant, but, as the case will have to be reversed because of the action of the court with respect to the remittitur, and the other questions presented may not arise upon another trial, we deem it unnecessary to discuss them.
The judgment and order appealed from will be reversed and the cause remanded to the district court for a new trial.