# Walker v. Davis

> Superior Court of Pennsylvania · June 10, 1959 · 189 Pa. Super. 564

URL: https://www.frixlaw.com/law-library/cases/6283088

## Case

- **Full name:** Walker v. Davis
- **Court:** Superior Court of Pennsylvania
- **Decided:** June 10, 1959
- **Citations:** 189 Pa. Super. 564; 151 A.2d 812; 1959 Pa. Super. LEXIS 355
- **Precedential status:** Published
- **Opinion:** Dissent by Wright
- **Judges:** Ervin, Gunther, Hirt, Rhodes, Watkins, Woodside, Wright
- **Cited by:** 2 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/6283088

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6283088. Public record. Not legal advice.