Opinion
Argued February 15, 1929
Reversed April 9, 1929 Rehearing denied June 4, 1929
From Multnomah: LOUIS P. HEWITT, Judge.
For appellant there was a brief over the name of Mr. E.L. McDougal, with an oral argument by Mr. Randall S. Jones.
For respondent there was a brief and oral argument by Mr. Martin W. Hawkins.
REVERSED. REHEARING DENIED.
Plaintiff seeks to recover damages for personal injuries sustained on account of the alleged negligence of defendant. Judgment was asked for $5,000 as general damages and $100 as special damages. The trial court instructed the jury, without exception by either party, that in the event of verdict for plaintiff, it could not exceed the sum of $5,077. A verdict was returned for $75. Plaintiff moved for a new trial on the grounds: (1) misconduct of the jury in limiting the amount of damages awarded to the sum of $75; (2) that the verdict rendered by the jury is against the law. From an order allowing a new trial the defendant appeals.
On the merits this is a flimsy case. It is believed that plaintiff had a fair trial and ought to be satisfied. She had her day in court. The trial court, in effect, instructed that special damages for plaintiff could not exceed $77. Neither party took exception to this charge. On the authority of Snyder v. Portland Railway, Light Power Co., 107 Or. 673 ( 215 P. 887), the order allowing a new trial is reversed and the cause remanded with directions to enter judgment in favor of plaintiff in accordance with the verdict.
REVERSED AND REMANDED WITH DIRECTIONS. REHEARING DENIED.