Willenpart v. Otis Elevator Co.

• Decision Date: 31 December 1920
• Docket Number: 151
• Citation: 269 Pa. 131,112 A. 135
• Parties: Willenpart v. Otis Elevator Co., Appellant
• Court: Pennsylvania Supreme Court

112 A. 135

269 Pa. 131

Willenpart v. Otis Elevator Co., Appellant

No. 151

Supreme Court of Pennsylvania

December 31, 1920

Argued: October 15, 1920

Appeal, No. 151, Oct. T., 1920, by defendant, from order of C.P. Allegheny Co., July T., 1917, No. 1515, refusing new trial in case of F.J. Willenpart v. Otis Elevator Co. Affirmed.

Trespass for serious personal injuries sustained by expert electrician. Before BROWN, J.

Verdict and judgment for plaintiff for $14,500.

Defendant moved for a new trial on the ground that the verdict was excessive. The court refused the motion. Defendant appealed.

Error assigned was above order, quoting record.

Judgment affirmed.

William S. Dalzell, of Dalzell, Fisher & Dalzell, for appellant.

Rody P. Marshall, with him Meredith R. Marshall, for appellee.

Before BROWN, C.J., MOSCHZISKER, FRAZER, WALLING and KEPHART, JJ.

OPINION

PER CURIAM

The appellant's sole assignment of error is that the court below erred in not setting aside the verdict on the ground of excessiveness. In the light of all the testimony that court was of opinion that the damages awarded to the plaintiff might have been more. The power of this court, conferred by the Act of 1891, to supervise the amount of a verdict, is, as we have repeatedly held, exceptional and to be exercised only in very clear cases. The question of the excessiveness of a verdict is always for the court below in the first instance, and, in the case before us, we have not been convinced of any abuse of judicial discretion in refusing to disturb the damages awarded to the plaintiff.

Judgment affirmed.