Southern Pacific Co. v. Tomlinson

Citations

• 163 U.S. 369
• 16 S. Ct. 1171
• 41 L. Ed. 193
• 1896 U.S. LEXIS 2275

Syllabus

<p>In an action under Title 36 of the Revised Statutes of the Territory of Arizona to recover for injuries causing death, brought in the ngtne of the widow of the deceased, for the benefit of herself and of his children and parents, she has no authority to lessen or alter the shares awarded by the jury to the other beneficiaries; and if the jury return a verdict for excessive damages, and she files a remittitur of a large part of the whole verdict, lessening the share awarded to each beneficiary, and reducing to nominal damages the shares of the parents of the deceased, and the court thereupon renders judgment according to the verdict, as reduced by the remittitur, the defendant, upon writ of error, is entitled to have the judgment reversed and the verdict set aside.</p>