Davis

Plaintiff, while walking across a public street in Oakland was struck and injured by an automobile driven by defendant. She brought this action for damages, and a jury awarded her a verdict for $5,000. The defendant appealed and the judgment was reversed upon the ground that the amount of the • award was excessive. (Davis v. Renton, 99 Cal. App. 264 [ 278 Pac. 442 ].) At the second trial, before another jury, she was awarded a verdict for $3,000, and from the judgment entered thereon defendant again appealed and as the main ground for reversal again urges that the amount of the award is excessive.

The remedy for safeguarding against the danger of excessive verdicts is committed necessarily to a great extent to the judge who presides at the trial, and the reviewing court may interfere only in cases where the excess appears as a matter of law, or where the recovery is so grossly disproportionate to any compensation reasonably warranted by the facts as to shock the sense of justice or at first blush raise a presumption that it is the result of passion, prejudice or corruption rather than honest and sober judgment (Bond v. United Railroads, 159 Cal. 270 [Ann. Cas. 1912C, 250, 48 L.…