Green v. Burns

3 Citing cases

  1. Hitchcock v. Weddle

    304 F.2d 735 (10th Cir. 1962)   Cited 8 times
    In Hitchcock, we noted that this Circuit and Oklahoma courts have held that the jury's verdict need be supported only by any evidence tending to sustain it. Hitchcock, supra. As the reviewing court, we must view the evidence in the light most favorable to the prevailing party.

    Oklahoma Ry. Co. v. Strong, 204 Okla. 42, 226 P.2d 950; Jones v. Eppler, Okla., 266 P.2d 451; St. Louis-San Francisco Ry. Co. v. Fox, Okla., 359 P.2d 710. The amount assessed by the jury will not be disturbed because excessive unless a just mind is forced to the conclusion that the jury has either failed to comprehend the case or has been influenced by passion or prejudice. Jordan v. Johnson, Okla., 315 P.2d 234; Green v. Burns, 204 Okla. 415, 230 P.2d 892; Snowden v. Matthews, 10 Cir., 160 F.2d 130; Franklin v. Shelton, 10 Cir., 250 F.2d 92, cert. den., 355 U.S. 959, 78 S.Ct. 544, 2 L.Ed.2d 533; Chicago, Rock Island Pacific Railway Co. v. Kifer, 10 Cir., 216 F.2d 753. No contention is made here of any influence by passion or prejudice. In this case we are unable to say that the verdict was excessive or that there were any fundamental errors affecting the substantial rights of the defendant.

  2. Jordan v. Johnson

    1957 OK 171 (Okla. 1957)   Cited 5 times

    The defendants concede that this court has repeatedly held that in determining whether a verdict is excessive, each case must stand on its own facts and circumstances, citing Oklahoma Ry. Co. v. Strong, 204 Okla. 42, 226 P.2d 950, and other cases. But they point to the rule that passion, prejudice or partiality constitute grounds for a finding that a judgment is excessive, citing Green v. Burns, 204 Okla. 415, 230 P.2d 892. The plaintiff sought damages in the sum of $15,000 for alleged injuries which she claims were permanent in nature and caused her excruciating pain and suffering, all of which was the result of the negligence of defendants. A general verdict for $4,250 was rendered in her favor.

  3. Green v. Smith

    232 P.2d 406 (Okla. 1951)   Cited 2 times

    The trial resulted in a verdict for the plaintiff and against the defendants. The defendants have appealed. This companion case to Green et al. v. Burns, 204 Okla. 415, 230 P.2d 892. The plaintiff in the present case was the driver of the car in which the plaintiff in the above-cited case was a passenger when the collision described in the above case occurred. The facts, as to the negligence on the part of defendants, in each case, are the same and reference is hereby made to the above case for a full statement of the facts.