ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
GRANT U. CONANT, 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 judgment awarding damages for injuries from a railroad collision, finding the damages excessive and offering the plaintiff a choice between a remittitur or a new trial.
Yes, the damages were manifestly excessive. The court held that the plaintiff could either accept a reduced judgment or face a new trial.
“In view of the evidence showing-contributory negligence and of the nature and extent of the injuries and loss sustained, the damages awarded are manifestly excessive.”
Establishes the court's finding regarding the damages.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff, Conant, was awarded $1,500.00 for injuries to himself and his automobile resulting from a collision with a railroad locomotive. The rai…
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
Per Curiam.
This writ of error was taken to a judgment awarding $1,500.00 damages to Conant for injuries to himself and to an automobile caused' by a collision with a railroad locomotive. In view of the evidence showing-contributory negligence and of the nature and extent of the injuries and loss sustained, the damages awarded are manifestly excessive. See Atlantic Coast Line Ry. v. Hobbs, 71 Fla. 109. 70 South. Rep. 939. In such cases remittiturs are'permitted to facilitate the administration of justice and the disposition of litigated causes. If the plaintiff below enters a remittitur of $1000.00 of the damages awarded the judgment will stand affirmed for the balance; otherwise the judgment-will stand reversed for a new trial on the thirtieth day after the mandate is file’d. See Louisville & N. R. Co. v. Frank, 76 Fla. 384, 80 South. Rep. 60; Postal Telegraph Cable Co. v. Scott, 76 Fla. 336, 79 South. Rep. 767, and authorities cited; Saunders Tr. Co. v. Underwood, 77 Fla. 167.
It is so ordered.
All cono cur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Atl. Coast Line R.R. Co. v. Shouse, 83 Fla. 156 (Fla. 1922)…lorida East Coast R. Co. v. Schumacher, 63 Fla. 137, 57 South. Rep. 603; Saunders Transfer Co. v. Underwood, 77 Fla. 167, 81 South. Rep. 105; Postal Telegraph-Cable Co. v. Scott, 76 Fla. 336, 79 South. Rep. 767; Atlantic Coast Line R. Co. v. Conant, 79 Fla. 668, 84 South. Rep. 688; Atlantic Coast Line R. Co. v. Pitkin, 64 Fla. 24, 59 South. Rep. 564; Tampa Electric Co. v. Gaffga, 81 Fla. 268, 87 South. Rep. 922; Luce v. Lee, 79 Fla. 693, 84 South. Rep. 726; Lindsey Turpentine Co. v. Souls, 81 Fla. 339, 87…
-
S. Fla. Farms Co. v. Stevenson, 84 Fla. 235 (Fla. 1922)…uth. Rep. 726; Tampa Elec. Co. v. Gaffga, 81 Fla. 268, 87 South. Rep. 922; Lindsey Turpentine Co. v. Soule. 81 Fla. 339, 87 South. Rep. 782; Seaboard Air Line Ry. Co. v. Prewitt, 81 Fla. 423, 88 South. Rep. 160; Atlantic Coast Line R. Co. v. Conant, 79 Fla. 668, 84 South. Rep. 688; Empire Drug Co. v. Smith, 78 Fla. 594, 83 South. Rep. 458; Standard Growers’ Exchange v. Martin, 80 Fla. 864, 87 South. Rep. 54; Nolan v. Moore, 81 Fla. 600, 88 South. Rep. 601; Florida East Coast R. Co. v. Schumacher, 63 Fla. 1…
-
Tampa Elec. Co. v. Consuela Gaffga, 81 Fla. 268 (Fla. 1921)…1,-500.00 within 30 days after the filing of the mandate in the court below the judgment will stand affirmed for $500.00; otherwise the judgment will stand reversed. Luce v. Lee, 79 Fla. 693, 84 South. Rep. 726; Atlantic Coast Line R. Co. v. Conant, 79 Fla. 668, 84 South. Rep.. 688; Postal Telegraph-Cable Co. v. Scott, 76 Fla. 336, 79 South. Rep. 767; Saunders Transfer Co. v. Underwood, 77 Fla. 167, 81 South. Rep. 105; Florida East Coast R. Co. v. Schumacher, 63 Fla. 137, 57 South. Rep. 603; Florida East C…
Authorities Cited
- Postal Tel. Cable Co. v. Scott, 76 Fla. 336 (Fla. 1918)
- Saunders Transfer Co. v. Underwood, 77 Fla. 167 (Fla. 1919)
- Atlantic Coast Line Railway v. Hobbs, 71 Fla. 109 (Fla. 1916)
- Louisville & Nashville R.R. Co. v. Frank, 76 Fla. 384 (Fla. 1918)