May v. Steele (1885) · DecisionDepot

May v. Steele

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Dec 28, 1885 No. No. 9120Published

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Holding. The court affirmed the judgment and order denying a new trial, finding the evidence sufficient to support the verdict and concluding the damages were not excessive as a matter of law.

Issues

Whether the verdict was justified by the evidence.
Whether the damages awarded were excessive.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The verdict must therefore be taken as conclusive of the facts.”

“we cannot say, as matter of law, that the verdict was given under the influences of passion, prejudice, or bias of any kind.”

Synopsis

Assault and Battery—Excessive Damages.—In an action for damages caused by a beating, a verdict of thirteen hundred dollars will not be set aside as excessive.

By the COURT. Appeal from a judgment and order denying a new trial in an action to recover damages for personal injuries. Two assignments of error are made in the case: (1) That the verdict is not justified by the evidence; (2) that the damages awarded are excessive.

As to the first, there was a substantial conflict in the evidence. The verdict must therefore be taken as conclusive of the facts.

As to the second, we cannot say, as matter of law, that the verdict was given under the influences of passion, prejudice, or bias of any kind.

Judgment and order affirmed.

May v. Steele

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