Opinion

Chicago, Rock Island Pacific R. Co. v. Beam

  • 203 Okla. 16
  • 217 P.2d 807
  • 1950 OK 62
  • 1950 Okla. LEXIS 433
Court
Supreme Court of Oklahoma
Filed
Mar 14, 1950
Status
Published
Author
Halley
On the bench
Luttrell, Arnold, Welch, Johnson, O'Neal, Halley, Gibson
Cited by
1 cases

The opinion

HALLEY, J.

(concurring in part and dissenting in part). The verdict in this case presents an anomalous situation. I concur with the majority opinion in granting a new trial as to the property damage under subdivision 5 of sec. 651, Title 12, O. S. 1941, since the jury disregarded the evidence as to the amount of damage to the automobile; but I do not think that the plaintiff is entitled to a new trial as to her personal injuries. Title 12, sec. 652, O.S. 1941, specifically provides that a new trial shall not be granted on account of the smallness of the damages in an action for injury to the person. If the defendant were willing to pay the judgment for $175 for the personal injuries, the plaintiff cannot complain, and is not *18 entitled to have the issue on that item retried in the absence of a showing that the defendant would not pay said amount.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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