Because of the advanced age of the plaintiff, and what the Court characterized as a satisfactory recovery, the Court determined that $23,500 of the $35,000 award would have had to be attributable to pain and suffering and permanent injury. The Court concluded that verdict was excessive. The Court cited Public Service Co. of Oklahoma v. Hawkins, 194 Okla. 272, 149 P.2d 783, 784 (1944) for the rule that this Court will not disturb a verdict on the grounds that it is excessive unless the jury has committed some gross and palpable error, or acted under bias, influence, or prejudice, or has totally ignored the rule of law by which damages are awarded. The Hawkins case continued that when the amount of damages awarded is so excessive as to indicate that the jury was actuated by bias, prejudice, or passion, it is the duty of this Court to hold the verdict excessive and to remand the cause with directions to vacate the judgment and grant a new trial unless the plaintiff files a proper remittitur.
She would then have further opportunity to establish the monetary value of any proper losses suffered by reason of her husband's death in addition to his contributions to her from wages. As to the effect of jury's ignorance of proper rule or measure of damages, see 2nd paragraph of syllabus in Public Service Co. v. Hawkins, 194 Okla. 272, 149 P.2d 783. Therefore, in conformity with the precedent followed in Coker v. Moose, 180 Okla. 234, 68 P.2d 504, and other cases, the judgment is affirmed, on condition that plaintiff file within ten days a remittitur of the judgment in the amount of $21,774.89, the excess over $48,225.11.