ATLANTIC COAST LINE RAILROAD COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
CHARLES H. SCOTT, DEFENDANT IN ERROR
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The Florida Supreme Court reviewed a judgment awarding $5,000 in damages for injuries caused by a railroad's negligence. The court found the evidence supported liability but deemed the award excessive.
The court held that while there was a basis for legal liability and compensatory damages, the amount awarded was excessive.
“There is basis in the evidence for a finding of legal liabiltiy within the allegations for compensatory damages, but the amount awarded is considered excessive.”
Establishes the court's finding on liability and the excessiveness of the damages.
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Per Curiam.
Writ of error was taken by defendant below to review a judgment against it for $5,000.00 in damages for injuries to plaintiff alleged to have been sustained as a result of the negligent operation of defendant’s train. There is basis in the evidence for a finding of legal liabiltiy within the allegations for compensatory damages, but the amount awarded is considered excessive. If, within 30 flays after the filing of the mandate in the trial court, the plaintiff will enter remittitur of $2,000.00 of the amount, the judgment will stand affirmed for $3,000.00; 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. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City of Miami v. Firth, 85 Fla. 263 (Fla. 1923)
- Tampa Elec. Co. v. Consuela Gaffga, 81 Fla. 268 (Fla. 1921)
- Lunham v. Lottie DeMerritt, 83 Fla. 708 (Fla. 1922)
- Atl. Coast Line R.R. Co. a Corp. v. Oeland, 88 Fla. 122 (Fla. 1924)