Hawes v. Warren

Citations

• 119 F. 978
• 1902 U.S. App. LEXIS 5358

Syllabus

<p>1. Negligence—Damage from Eire.</p> <p>In an action for damages from fire, caused by the alleged negligence of defendants in installing an electric motor and appliances in plaintiffs’ building, it is necessary for the plaintiffs to develop some theory as to how the fire was caused, and furnish proofs to support the theory.</p> <p>2. Same—Evidence—Question for Jury.</p> <p>In this ease the question of defendants’ negligence was properly submitted to the jury, though plaintiffs’ evidence in support of their theory as to how the fire was caused was weak.</p> <p>8. Evidence—Opinion—Grounds.</p> <p>In stating opinions as to the value of a building destroyed by fire, witnesses should be required to state the grounds on which their estimates are based; otherwise the reliability of the estimates cannot be determined.</p> <p>4. Excessive Verdict—Disposition of Cause.</p> <p>Though a'verdict for excessive damages is usually to be regarded as Indicating partiality or inconsiderateness necessitating a reversal, the court may allow such a verdict to stand, if the excess be remitted, where it is satisfied that the jury acted honestly, and that their error as to damages arose from lack of a full presentation of that issue.</p> <p>¶ 3. See Evidence, vol. 20, Cent. Dig. § 2303.</p> <p>¶ 4. Reduction or increase of amount of recovery on appeal, see note to The Homer, 48 G. C. A. 470.</p>