Case v. Yazoo &. M. V. R.

Citations

• 114 Miss. 21
• 74 So. 773

Syllabus

<p>1. Carriers. Excessive damages. Alighting at wrong station.</p> <p>Where a female railroad passenger was set down at the wrong place and was forced to walk between a quarter and a half mile to the station, in the rain, a verdict in her favor for seven hundred and fifty dollars was excessive and the trial court should have set it aside unless a proper remittitur was entered.</p> <p>2. Damages. Power of court to reduce damages.</p> <p>In such case the judge of the trial court was without power to reduce the damages awarded to such an amount as in his opinion was proper and without plaintiff’s consent to enter a judgment therefor. The proper procedure was to set the verdict aside and award a new trial unless plaintiff entered a proper remittitur.</p>