Williams v. A. R. G. Bus Co.

LANGDON, P. J.

This is an appeal by the defendant from a judgment against it in the sum of fifteen hundred dollars, recovered by plaintiff as damages for personal injuries. The plaintiff was riding as a passenger in an automobile bus owned and operated by the defendant between Ontario and Riverside, California, when the automobile overturned.

[1]

The first point raised by the defendant is that the damages are excessive. The testimony shows that the plaintiff received a cut about an inch deep in the hip, which required a closure of the wound with stitches; that his back was wrenched and strained; that his leg _ and arm were bruised, and that his body was rendered stiff and sore, and his nervous system shocked by reason of his experience; that at the time of the trial he was still suffering from this nervous shock which made him constantly apprehensive in the performance of his work of driving an automobile. He spent nine days in a hospital, and was confined to his bed at his home for two weeks additional. He was unable to resume his work for six weeks, and his clothing, including an overcoat and suit, were ruined. He also incurred hospital and doctors’ bills. Under such circumstances, we think the verdict of fifteen hundred dollars is not so grossly excessive as to call for the interference of an appellate tribunal.

[2]

It has been repeatedly held in this state that the power of an appellate court over excessive damages exists only when the facts are such that the excess appears as a matter of law, or is such as to suggest at first blush, passion, prejudice, or corruption on the part of the jury.

(Bond

v.

United Railroads,

159 Cal. 270, [Ann. Cas. 1912C, 50, 48 L. R. A. (N. S.) 687, 113 Pac. 366];

Hale

v.

San Bernardino etc. Co.,

156 Cal. 716, [106 Pac. 83];

Wheaton

v.

North Beach etc. Co.,

36 Cal. 591;

Varcoe