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

> Supreme Court of Oklahoma · March 14, 1950 · 203 Okla. 16

URL: https://www.frixlaw.com/law-library/cases/5145774

## Case

- **Full name:** CHICAGO, ROCK ISLAND & PACIFIC R. CO. v. BEAM
- **Court:** Supreme Court of Oklahoma
- **Decided:** March 14, 1950
- **Citations:** 203 Okla. 16; 217 P.2d 807; 1950 OK 62; 1950 Okla. LEXIS 433
- **Precedential status:** Published
- **Opinion:** Concurring in part by Halley
- **Judges:** Luttrell, Arnold, Welch, Johnson, O'Neal, Halley, Gibson
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5145774

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5145774. Public record. Not legal advice.