Timmons v. Broyles

Citations

• 47 Ill. 92

Syllabus

<p>1. New trial—excessive damages. Where, in an action for personal injuries, the damages awarded are so entirely disproportionate to the offense proved, as to justify the inference that the jury were governed by passion or prejudice, the verdict will be set aside. ’</p> <p>2. And in an action of trespass, wherein the declaration charged an attempt to ravish, and the proof showed, simply, disgraceful conduct on the part of the defendant, and gross insult offered to the plaintiff, but no attempt to ravish her, and she received no personal injury, a verdict of §2,500 is excessive.</p> <p>3. In actions of this character, great care and exceeding caution should be observed by juries, in order that their award of damages may not justify the inference that their action was not founded upon a due consideration of the intrinsic merits of the case, but rather upon passion or prejudice.</p> <p>4. And in such cases, when the award of the jury is manifestly excessive, it is the duty of the court to grant a new trial.</p> <p>5. Error—will not always reverse. When substantial justice has been done, a judgment will not be reversed, merely because an improper instruction was given.</p>