Harrison v. Sutter Street Railway

Citations

• 116 Cal. 156
• 47 P. 1019
• 1897 Cal. LEXIS 526

Syllabus

<p>Negligence—Collision—Action for Death—Excessive Damages—Order Granting New Trial — Discretion—Review upon Appeal.— In an action by an administrator to recover damages for the death of the decedent, which resulted from injuries received in a collision between a street railway car, on which he was a passenger, and a wagon of a brewing company, occasioned by the alleged negligence of both parties to the collision, where a verdict was given for eight thousand dollars damages, an order granting a new trial for excessive damages is in the discretion of the trial court, and will not be disturbed upon appeal if there is a reasonable, or fairly debatable, justification for its action; and where it appears that the decedent, at the time of his death, was about sixty-nine years of age, but apparently older, and debilitated, and that his business was that of an expert- accountant, and his income was about one hundred and ten dollars per month, and that his heirs consisted of a wife and adult daughter dependent upon him, the action of the court in granting a new trial for excessive damages will not be disturbed upon appeal.</p> <p>Id. -¡-New Trial for Excessive Damages—Affidavits not Required— Consideration of Evidence.—No affidavits'are required on motion for new trial, where the ground to he considered is that of excessive damages; but the question whether the verdict is excessive is to be determined solely from a consideration of the evidence in the case, as to whether it will fairly sustain the verdict of the jury.</p> <p>Id. —Unliquidated Damages — Determination of Amount — Prejudice of Jury — Conflict of Evidence not Necessary to Justify New Trial.—The damages sued for in an action for death caused by negligence are in their nature unliquidated, to be estimated from the evidence 'without specific testimony as to the amount; and though there may he no conflict of evidence as to the circumstances which the jury had a right to consider in determining the award of damages,