verdict of $8,000.00 but out-of-pocket expenses of only $73.00
How later courts described this case
- verdict of $8,000.00 but out-of-pocket expenses of only $73.00
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Wright, J.:
The question whether a verdict is excessive is primarily for the court below, and its determination thereof will not be reversed on appeal except for manifest abuse of discretion: Nalevanko v. Marie, 328 Pa. 586 , 195 A. 49 . And see Stark v. Lehigh Foundries, 388 Pa. 1 , 130 A. 2d 123 ; Bochar v. J. B. Martin Motors, 374 Pa. 240 , 97 A. 2d 813 ; Petrie v. Kaufman & Baer Co., 291 Pa. 211 , 139 A. 878 ; Duaine v. Gulf Refining Co., 285 Pa. 81 , 131 A. 654 ; Ruby v. Pa. R. R. Co., 61 York L. R. 17. In the case at bar the verdict was reduced to $5000.00 by a court en bane consisting of Judge Lewis, the trial judge, and Judges Soffel and Smart. I cannot agree that we should disturb their considered judgment. This record discloses no abuse of discretion. The case of Brown v. Paxton, 332 Pa. 260 , 2 A. 2d 729 , most strongly relied upon by the majority, was decided in 1938, when dollars were worth considerably more than they are today.