City of Argentine v. Bender

Citations

• 71 Kan. 422
• 80 P. 935
• 1905 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Excessive Amount in Verdict — Remittitur. In an action against a city for damages for permanent injuries resulting from a defective sidewalk a verdict was rendered for the plaintiff for $7500. The trial court found that the verdict was excessive by $5000 but that the excess was not due to passion or prejudice, permitted a remittitur of that amount, and rendered judgment for $2500. The jury were not advised either by the evidence or in the instructions of any basis by which they might estimate the probable duration of plaintiff’s life. Held, that under these circumstances the error of the jury may be attributed to a mistake of judgment, free from unfair intent, and the refusal of a new trial may be sustained.</p>