George v. Law

By the Court,

Lyons, J. Plaintiff was holder of a ticket [364]which entitled him to the occupancy of “ Settee A. of Saloon— “ Berth No. 9,” for the “ first voyage of the steamer Columbus, “ from Panama in Eew Grenada to San Francisco.” Said voyage commenced on the sixteenth day of May, 1850. It was shown on the part of the plaintiff, that he embarked on the Columbus on the day named, bnt that the ship was unprovided that trip with any such settee as described in the ticket, or with any other settee in that part of the vessel—that in consequence of this deficiency, and the crowded condition of the ship, she being provided with accommodation for but. three hundred passengers, and there being on board about four hundred, he was obliged to sleep on deck, exposed to the weather, which at the commencement of the voyage was very inclement—owing to which his health suffered materially, and to such an extent as to render him incapable of active employment for some time after his arrival in San Francisco—that lie was not supplied with such food as it is usual to furnish passengers of his class—and that owing to carelessness and neglect of duty on the part of the officers of said steamer, his baggage was damaged by water. The case was submitted to a jury who found a verdict in favor of plaintiff, and assessed the damages at one thousand dollars, for which sum judgment was rendered by the court. Defendants moved for a new trial, on the ground that the verdict gave excessive damages, and because it was contrary to law and evidence; whereupon the court made the following order :—•“ That said motion be sustained on defendants’ paying “all costs within ten days, and provided plaintiff, by his attor- “ neys, does not, within five days, enter a stipulation to make a “ remittitur herein of five hundred dollars, in which case no “ new trial to be bad.” The remittitur was agreed to by plaintiff and entered of record within the time limited by the court. Defendants then appeal.

The record discloses no refusal on the part of the judge of the court below to charge the jury on any matter submitted, nor is it assigned as error, that he charged erroneously on any point of law involved. In view of this the verdict of the jury must be considered as having settled all the facts of the case.

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