193 A. 315 | Pa. Super. Ct. | 1937
Argued April 22, 1937. The plaintiff, while walking with traffic on the Adamsburg road in Westmoreland County, was struck and injured by an automobile traveling in the same direction. He brought this action for damages, alleging that he was struck by a car driven by the defendant. The case was a close one. It was fairly tried and submitted to the jury in a charge to which plaintiff took no exception. He recovered a verdict of $300, on which judgment was entered. He has appealed from the order of the court below refusing a new trial which he sought because of the inadequacy of the verdict.
The verdict is small, having regard to the plaintiff's evidence as to his injuries and expenses in connection with them, but it is substantial and not merely nominal, as in Bradwell v.Pittsburgh etc. Ry. Co.,
The granting or refusal of a new trial because of the *173
inadequacy of the verdict is a matter peculiarly within the discretion of the trial court, and it is the rule in this State that an appellate court will not reverse the action of the court below unless the verdict is so unreasonable as to bring conviction that it was influenced by partiality or prejudice or some misconception of the law or the evidence in the case(Hammaker v. Watts Twp.,
Plaintiff's able counsel presented an earnest and diligent argument on his behalf, but, after giving it due consideration, we are not convinced that the verdict is so inadequate as to work certain injustice to the plaintiff and require us to hold the court below guilty of a clear abuse of discretion in refusing a new trial.
The order is affirmed.