Freed v. Freed

1 Citing case

  1. Garis v. Eberling

    71 S.W.2d 215 (Tenn. Ct. App. 1934)   Cited 28 times
    In Garis v. Eberling, 1934, 18 Tenn. App. 1, 71 S.W.2d 215, a judgment for $10,000 for the death of a 5 1/2 year old child who died a few hours after being injured by an automobile, was held to be excessive and was reduced to $6,500.

    The existing rule seems to be that if the court is of opinion that the verdict is excessive, the verdict may be cured by requiring a remittitur on pain of the grant of a new trial if the remittitur is not accepted by the plaintiff. Grant v. Railroad Co., supra, page 409 of 129 Tenn. 165 S.W., 963; Fairbanks, Morse Co. v. Gambill, 142 Tenn. 633, 649, 222 S.W. 5; Heggie v. Barley, 5 Higgins (5 Tenn. Civ. App.), 78, 86; Rhoton v. Burton, 2 Tenn. App. 164, 172; Baskin Cole v. Whitson, 8 Tenn. App. 578, 590; Freed v. Freed, 9 Tenn. App. 691, 697; Yarbrough v. Louisville N. Railroad Co., 11 Tenn. App. 456, 460; Goebel v. Fleming, 13 Tenn. App. 473, 484; Central of Georgia Railway Co. v. Mallet, supra. A multitude of cases illustrating the views of the courts of the country with respect to the pecuniary value of the life of a minor child are collated and digested in the following: L.R.A., 1916C, pp. 870-884; annotation 48 A.L.R., pp. 837-848; note 18 Ann. Cas., pp. 1225-1231; note Ann. Cas., 1915C, pp. 455-459; 8 R.C.L., pp. 850, 851, footnotes 14 and 15.