ATLANTIC COAST LINE RAILROAD COMPANY A CORPORATION, PLAINTIFF IN ERROR,
v.
ERNEST N. OELAND, DEFENDANT IN ERROR
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The Florida Supreme Court reviewed a judgment awarding $6,500 in damages for personal injury. The court found sufficient evidence of liability but deemed the award excessive, offering the plaintiff the option to accept a reduced award or face a new trial.
The court held that there was sufficient evidence to support a finding of legal liability. However, the court found the awarded damages to be excessive.
“There is basis in the evidence for a finding- of legal liability within the allegations for compensatory damages, but the amount awarded is considered execessive.”
This quote establishes the court's finding on both liability and the excessive nature of the damages.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff sued the defendant railroad company for injuries sustained from the alleged negligent operation of a train. The trial court entered a ju…
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Per Curiam.
Writ of error was taken by defendant below to review a judgment against it for $6,500 in damages for injuries to plaintiff’s hand alleged to have been sustained as a result of the negligent operation of defendant’s train.
The contention primarily is that legal liability. of defendant is not established by the evidence, and secondarily, that if so, the amount awarded is manifestly excessive.
Recital of the evidence would not be productive of benefit. There is basis in the evidence for a finding-of legal liability within the allegations for compensatory damages, but the amount awarded is considered execessive. If within thirty days after the filing of the mandate in the trial court, the plaintiff will enter remittitur of $1,500 of the amount, the judgment will stand affirmed for $5,000, otherwise the judgment is reversed for a new trial. City of Miami v. Firth, 85 Fla. 263, 95 South. Rep. 573; Lunham v. DeMerritt, 83 Fla. 798, 93 South. Rep. 148; Tampa Electric Co. v. Gaffga, 81 Fla. 268, 87 South. Rep. 640.
Whitfield, P. J., and West and Terrell, J. J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Teller v. Richter, 88 Fla. 306 (Fla. 1924)…. Richter remit $3,000 of the damages awarded to her, the judgment will be affirmed for $4,000 for plaintiff Dora L. Richter and $1,000 for plaintiff Louis Richter. Otherwise the judgment will stand reversed for new trial. A. C. L. R. Co. v. Oeland, 88 Fla. 122, 101 South. Rep. 360; City of Miami v. Firth, 85 Fla. 263, 95 South. Rep. 573; Luce v. Lee, 79 Fla. 693, 84 South. Rep. 726. It is so ordered. Whitfield, P. J., and Tebbell, J., concur. Tayloe, C. J., and Ellis and Bbowne, J. J., concur in the op…
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Atl. Coast Line R.R. Co. v. Scott, 89 Fla. 1 (Fla. 1925)…judgment is reversed for a new trial. City of Miami v. Firth, 85 Fla. 263, 95 South. Rep. 573; Lunham v. DeMerritt, 83 Fla. 708, 93 South. Rep. 148; Tampa Electric Co. v. Gaffga, 81 Fla. 268, 87 South. Rep. 922; Atlantic Coast Line R. Co. v. Oeland, 88 Fla. 122, 101 South. Rep. 360. It is so ordered. Whitfield, P. J., and West and Terrell, J. J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur in the opinion.…
Authorities Cited
- City of Miami v. Firth, 85 Fla. 263 (Fla. 1923)
- Tampa Elec. Co. v. Consuela Gaffga, 81 Fla. 268 (Fla. 1921)