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eBook details

• Title: ABL Management, Inc. v. Board of Supervisors of Southern University
• Author : Louisiana Supreme Court
• Release Date : January 28, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 83 KB

Description

RUGG, Chief Justice. These two cases, arising out of substantially the same facts and tried together to a jury, are presented by a single bill of exceptions touching the second trial of the cases. The declaration in each case contained two counts, the first alleging that the plaintiffs intestate received injuries from which he died through the negligence of the defendant, and the second alleging injuries and conscious suffering from the same cause. A verdict was directed for the defendant on the second count in each case. That is not before us. These exceptions relate to the first count. That count was submitted to the jury and a verdict for $2,175 returned for the plaintiff in each case. The plaintiff seasonably filed a motion in each case that a new trial be granted on the ground that the damages awarded are inadequate. In each case the order was made: Motion for new trial allowed after hearing. Verdict set aside on ground that damages awarded are inadequate. The defendant excepted to this order in each case and a bill of exceptions was allowed. That bill of exceptions is not before us. Later the cases came on for trial before a different Judge. Both before and after the jury were impaneled for this second trial, the defendant filed requests for rulings in each case to the effect that the verdicts at the first trial had not been set aside and that therefore the trial could not go forward. These requests were denied subject to the exception of the defendant. The present bill of exceptions relates to those requests. The cases were then tried on the issues of liability and damages and in each a verdict was returned for the plaintiff for $5021. The general contention of the defendants is that the trial Judge had no power under the law to set aside a verdict in a death case on the ground that the award of damages is inadequate and that therefore the second trial could not rightly proceed. The procedure was correct. Brooks v. Shaw, 197 Mass. 376, 84 N.E. 110; Weil v. Boston Elevated R. Co., 216 Mass. 545, 104 N.E. 343.

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