Hasie v. Alabama & Vicksburg Railway Co.

Citations

• 79 Miss. 581

Syllabus

<p>1. Damages. Inadequate. New trial.</p> <p>In order to justify a court in setting’ aside a verdict and granting plaintiff a new trial because of the award of inadequate damages, it must appear that the damages awarded are, in fact, inadequate, and that the jury in estimating the same were influenced by prejudice, passion, or other improper motive.</p> <p>2. Same. Conflict of evidence.</p> <p>Where there is a conflict of evidence as to the extent of plaintiff’s injuries, and as to whether his subsequent ailments are attributable to defendant’s acts, an award of damages will not be set aside on plaintiff’s motion as inadequate if there be evidence which justifies the conclusion that the sum awarded is full compensation. Hillv. Alabama, etc., By. Co., post, p. 587.</p>