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269 Pa. 131

Willenpart v. Otis Elevator Co.

Supreme Court of Pennsylvania

Decided December 31, 1920

Supreme Court of Pennsylvania · decided 1920-12-31

Appeal, No. 151, Oct. T., 1920, by defendant, from order of O. P. Allegheny Co., July T., 1917, No. 1515, refusing new trial- in case of F. J. Willenpart v. Otis Elevator Co. Trespass for serious personal injuries sustained by expert electrician. Before Brown, J. Verdict and judgment for plaintiff for $14,500. Defendant moved for a new trial on the ground that the verdict was excessive. The court refused the motion. Defendant appealed.

Cited by 3 later decisions — most recently March 1928

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1920-12-31

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Per Curiam,

¶1The appellant’s sole assignment of error is that the court below erred in not setting aside the verdict on the ground of excessiveness. In the light of all the testimony that court was of opinion that the damages *132awarded to the plaintiff might have been more. The power of this court, conferred by the Act of 1891, to supervise the amount of a verdict, is, as we have repeatedly held, exceptional and tó be exercised only in very clear cases. The question of the excessiveness of a verdict is always for the court below in the first instance, and, in the case before us, we have not been convinced of any abuse of judicial discretion in refusing to disturb the damages awarded to the plaintiff.

¶2Judgment affirmed.

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