Sarcady

Sarcady v. Biedenweg

Good Law
116 Cal. App. 581·1931 Cal. App. LEXIS 442·3 P.2d 43
Court of Appeal of CaliforniaSeptember 14, 1931Docket No. 7601.California895 words

Opinion

Lead Opinion

Dooling, J.

This is an appeal from a judgment for $10,000 for personal injuries entered pursuant to the verdict of a jury. The sole ground of appeal is that the verdict is excessive. In passing upon such a claim we start with the settled rules that every conflict in the evidence must be resolved in favor of respondent (8 Cal. Jur. 837; Reneau v. Hirsch, 88 Cal. App. 1, 7 [ 262 Pac. 1100 ]), that every intendment is in favor of the action of the trial court in denying the motion for new trial on the same ground, and that “unless we are able to say that the award of damages . . . was so grossly disproportionate to any compensation reasonably warranted by the facts ... as to shock the sense of justice and raise at once a presumption that it was the result of passion, prejudice, or corruption, rather than an honest or sober judgment, this court may not exercise the power of revision”. (Kelley v. Hodge Transp. System, 197 Cal. 598 [ 242 Pac. 76, 81 ].)

Respondent, a man fifty years of age, was struck and knocked down by an automobile. He received a blow on the head, an injury to both shoulders, both elbows, his back in the sacro-iliac region, his left hip and his right knee and when taken to the…

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