JACKSONVILLE TRACTION COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
JAMES A. HODGES, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reviewed a personal injury judgment, finding the damages excessive and offering the plaintiff the option to accept a reduced judgment or face a new trial.
Yes, the court found the award of damages to be excessive. The judgment can stand affirmed if the plaintiff accepts a reduced amount; otherwise, it will be reversed for a new trial.
“it seems to the Court that the award of damages is excessive”
The court's finding regarding the damages awarded.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff was awarded $5,000.00 in a personal injury lawsuit. The defendant appealed this judgment.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Excessive Damages cases and more on FLexlaw
In an action for personal injuries, verdict and judgment were rendered for $5,000.00 in favor of the plaintiff below. Upon writ of error, the transcript of the record and the briefs of counsel have been considered and the Court' being advised of its judgment to be given in the premises, it seems to the Court that the award of damages is excessive, it is, therefore considered, ordered and adjudged that if the plaintiff below shall within thirty days enter a remittitur of $2,000.00 as of the date of the judgment, the judgment shall stand affirmed for the remainder, otherwise the. judgment will stand reversed for a new trial.
It is so ordered.
Whitfield, Ellis, Terrell and Davis, J.J., concur.
Buford, C.J.—I think the remittitur suggested is more than should be required.
Brown, J., concurs.