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eBook details

• Title: Coolidge Et Al. v. Meagher
• Author : Supreme Court of Montana
• Release Date : January 13, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Personal Injuries ? Automobile Accident ? Driving at High Rate of Speed and on Wrong Side of Highway ? Evidence ? Sufficiency ? "Substantial Evidence" ? Definition ? Excessive Verdicts ? When Verdict Conclusive on Appeal ? Costs ? Mileage of Witnesses ? Reduction of Mileage ? Unconstitutionality of Statute. Appeal and Error ? Conflicting Evidence ? Affirmance of Judgment if Supported by "Substantial Evidence" ? Meaning of Term. 1. "Substantial evidence" within the meaning of the rule that where the evidence is conflicting the judgment will be affirmed only when there is substantial evidence to support the verdict, means such evidence as will convince reasonable men of its truth; if all reasonable men must conclude that the evidence does not establish the case, it is not substantial. Personal Injuries ? Automobile Accident ? Sufficiency of Evidence. 2. Evidence in a personal injury action arising out of automobile collision, in which defendant was charged with driving at a high rate of speed and in the center and on the wrong side of the highway, reviewed and held ample to support the verdict in favor of plaintiff notwithstanding defendant gave a diametrically opposite version of the collision. Same ? Contention That Physical Facts Shown by Evidence Sustain Showing Made by Appellant ? Rule on Appeal. 3. Contention that the physical facts shown at the trial relative to the tracks made by defendants car on the graveled highway as it crossed the road diagonally into that of plaintiff, the location of broken glass and oil spots on the highway, and that photographs taken after the collision supported defendants version of the accident, held disposed of by the verdict of the jury, which had the advantage of seeing the witnesses and hearing them testify, as also by the action of the trial court in approving the verdict by its denial of defendants motion for a new trial. Same ? Excessive Verdict ? When Verdict not Open to Objection. 4. Verdict for $2,000 in favor of plaintiff who was knocked unconscious in an automobile accident, and remained so for six or seven hours, received cuts and bruises and had seven or eight teeth broken, has a permanent three-inch scar over the eye, his left arm remaining stiff and painful for two or three months, with pain in his head, etc., held not excessive. - Page 173 Same ? General Rule as to When Verdict Deemed Excessive. 5. The matter of fixing compensation for pain and suffering in a personal injury action lies peculiarly within the province of the jury, and unless the result of their deliberation is such as to shock the conscience and understanding, it must be accepted as conclusive on appeal when attacked as having been reached under the influence of passion and prejudice. Costs ? Mileage of Witnesses ? Chapter 16, Laws of 1933, Unconstitutional as to Reduction of Such Mileage. 6. Chapter 16, Laws of 1933, amending section 4884, Revised Codes 1921, held unconstitutional under section 23, Article V, of the Constitution so far as it attempted to reduce the mileage of witnesses from ten to seven cents per mile, the title of the Act to the effect that it related to "mileage of all officers" being misleading in that it did not advise legislators or the public that the mileage of others than "officers," inter alia witnesses, would be affected thereby. (In this connection see Chapter 18, Laws of 1935, reducing mileage of witnesses.)

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