Atlantic Coast Line Railroad v. Pipkin

Citations

• 64 Fla. 24

Syllabus

<p>1. In an action for personal injury where it is shown that the-injury was caused by the operation of a train of a railroad company, the burden is upon the defendant company to show that it exercised all ordinary and reasonable care and diligence to avoid the injury.</p> <p>2. It is the duty of the trial court on a proper motion for new-trial upon the ground that the verdict is excessive in amount,. to determine, when liability clearly appears, whether the verdict is excessive. The court has the power and duty of passing on the verdict and of determining the legal effect of the evidence, or of the lack of evidence.</p> <p>S. In directing that a remittitur be entered for a stated amount upon a verdict awarding damages, and that upon failure to do so a new trial be granted, the court, whether trial or appellate, does not usurp the functions of a jury or deny to either party a right to a jury trial. The power and duty rests in the court to determine the validity of the verdict both as to its nature and amount; and in ordering a remittitur, the court merely adjudges that the amount of the verdict ordered to he remitted is, on the pleadings and evidence illegal.</p>