Summary
In Corvin v. Hyatt, 10 Cal.App.2d 107 [ 51 P.2d 176] (1935), a verdict for $5,000 for the death of plaintiffs' mother who was 77 years old was held not excessive, though the four surviving children were adults and decedent was not earning over $100 per year.
Summary of this case from Brown v. BoehmOpinion
Docket No. 10540.
November 9, 1935.
APPEAL from a judgment of the Superior Court of Los Angeles County. Thomas L. Ambrose, Judge. Affirmed.
The facts are stated in the opinion of the court.
George L. Greer for Appellants.
J. Howard Corvin for Respondents.
This is an appeal by defendants from a judgment in favor of plaintiffs after a trial before a jury.
[1] The sole question presented for determination is:
Was the verdict of the jury for $5,000 excessive damages, as the decedent was seventy-seven years of age, the mother of plaintiffs, who devoted most of her time, services, society, comfort, and counsel to one of her daughters with whom she lived for twenty-two years?
The jury's verdict will not be set aside upon appeal on the ground that the damages are excessive, unless the verdict is so outrageously excessive as to suggest at the first blush, passion, prejudice or corruption. ( Bach v. C. Swanston Son, 105 Cal.App. 72, 83 [ 286 P. 1097]; Kerrison v. Unger, 135 Cal.App. 607, 612 [ 27 P.2d 927].) In the instant case the amount of the award does not fall in this category.
The judgment is affirmed.
Crail, P.J., and Wood, J., concurred.
A petition for a rehearing of this cause was denied by the District Court of Appeal on November 14, 1935, and an application by appellants to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on January 6, 1936.