Toledo Railways & Light Co. v. Mason

Citations

• 81 Ohio St. (N.S.) 463

Syllabus

<p>Action to recover damages for personal injuries — New trial may be granted — On ground of inadequacy of damages allowed — Circuit court may reverse judgment of common pleas — On ground verdict not sustained by sufficient evidence.</p> <p>1. In an action to recover damages for personal injuries, a new trial may be granted on the ground of the inadequacy of the damages found by the jury, when it appears upon the facts proved that the jury must have omitted to take into consideration some of the elements of damage properly involved in the plaintiff’s claim.</p> <p>2. On error in the circuit court to the overruling of a motion for a new trial on the ground of the inadequacy of the damages found by the jury in an action for personal injuries, the circuit court may reverse the judgment of the court of common pleas and grant a new trial on the ground that the verdict is not sustained by sufficient evidence.</p>