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46 So. 2d 20

Upton v. Hutchison

Supreme Court of Florida

Decided May 5, 1950.

Supreme Court of Florida · decided 1950-05-05

Key passage — most relied on by later courts

“so excessive as to indicate that the jury was influenced by passion, prejudice, corruption, or other improper motive,”

quoted by 3 later decisions, including Little River Bank and Trust Company v. Magoffin, Gresham v. Courson

Relies on Loftin v. Dagley · Florida Motor Lines Corp. v. Shontz

Good law ✅— No negative treatment on recordhow we know

Decided 1950-05-05

How this case has been cited

Cited by 20 later decisions — most recently July 1997

20 state decisions

10019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1J.M. & H.P. Sapp, Panama City, for appellant.

¶2Thomas Sale, Panama City, for appellee.

¶3*21 ROBERTS, Justice.

¶4The judgment here appealed from was entered by the court below in a civil action for assault and battery brought by plaintiff-appellee against defendant-appellant, wherein the jury found for the plaintiff and awarded damages in the amount of $2,500.00.

¶5It is well settled that the verdict of a jury will not be disturbed by this court on appeal where there is ample substantial evidence to support such verdict. Nor will this court substitute its judgment for that of the jury as to the amount of damages to which the plaintiff is entitled, unless the amount found is so excessive as to indicate that the jury was influenced by passion, prejudice, corruption, or other improper motive. Loftin v. Dagley, 152 Fla. 831, 13 So.2d 311; Florida Motor Lines Corp. v. Shontz, 159 Fla. 518, 32 So.2d 248.

¶6No error having been made to appear, the judgment of the lower court should be and it is hereby

¶7Affirmed.

¶8ADAMS, C.J., and TERRELL and THOMAS, JJ., concur.

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