Elliott v. Pallay
This text of 276 P. 1118 (Elliott v. Pallay) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff seeks to recover damages for personal injuries sustained on account of the alleged negligence of defendant. Judgment was asked for $5,000 as general damages and $100 as special damages. The trial court instructed the jury, without exception by either party, that in the event of verdict for plaintiff, it could not exceed the sum of $5,077. A verdict was returned for $75. Plaintiff moved for a new trial on the grounds: (1) misconduct of the jury in limiting the amount of damages awarded to the sum of $75; (2) that the verdict rendered by the jury is against the law. From an order allowing a new trial the defendant appeals.
On the merits this is a flimsy case. It is believed that plaintiff had a fair trial and ought to be satisfied. She had her day in court. The trial court, in effect, instructed that special damages for plaintiff could not exceed $77. Neither party took exception to this charge. On the authority of Snyder v. Portland Railway, Light & Power Co., 107 Or. 673 (215 Pac. 887), the order allowing a new trial is reversed and the cause remanded with directions to enter judgment in favor of plaintiff in accordance with the verdict.
Reversed and Remanded With Directions.
Rehearing Denied.
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Cite This Page — Counsel Stack
276 P. 1118, 129 Or. 400, 1929 Ore. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliott-v-pallay-or-1929.