Mayo v. Little Rock & M. R. Co.

Citations

• 121 La. 231
• 46 So. 220
• 1908 La. LEXIS 664

Syllabus

<p>1. Carriers — Injury to Passenger — Damages.</p> <p>The plaintiff sued defendant for damages for injuries alleged to have been received through the collision of two of the trains on its road. The defense was based upon the claim that he had received no injury whatever, but that lie was feigning the injuries of which he complained. The jury to which the issues were submitted returned a verdict of $5,000, by a vote of nine to three, in favor of the plaintiff, and defendant appealed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 3935-3937.]</p> <p>2. Damages — Excessiveness.</p> <p>There were some suspicious circumstances shown by defendant in support of its defense that plaintiff was feigning; but all facts bearing upon the case were placed before the jury, which, on the evidence as a whole, decided in favor of the plaintiff. The appellate court is not prepared to say that there was clearly error in the conclusions reached that plaintiff received some injury. It concurs, however, in opinion with the judge who tried the case that the damages awarded were excessive, and it reduces the amount of the judgment.</p> <p>[Ed. Note. — For cases in point, see Oent. Dig. vol. 15, Damages, §§ 357-371.]</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>