Kansas & Texas Coal Co. v. Reed

Court Of Appeals Of Indian Territory

Kansas & Texas Coal Co. v. Reed

40 S.W. 898, 1 Indian Terr. 245, 1897 Indian Terr. LEXIS 29

CourtCourt Of Appeals Of Indian Territory

DecidedJune 8, 1897

StatusPublished

This text of 40 S.W. 898 (Kansas & Texas Coal Co. v. Reed) is published on Counsel Stack Legal Research, covering Court Of Appeals Of Indian Territory primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kansas & Texas Coal Co. v. Reed, 40 S.W. 898, 1 Indian Terr. 245, 1897 Indian Terr. LEXIS 29 (Conn. 1897).

Pincite

Opinion

Kilgore, J.

(after stating the facts.) We have carefully examined the briefs of counsel, and the record and [250]*250pleadings in this case, and have reached the conclusion that there is no reversible error in the record, so far as the law applicable to the case is concerned. Owing to the great pressure of other business, we cannot at this time review the various errors assigned, and state specifically the reasons for such holding. We are, however, of the opinion that the judgment is excessive. The evidence does not show a serious injury, and, while the evidence is conflicting as to whether it is permanent or not, yet it seems clearly established that the appellee had so far recovered at the time of the trial that the injury would not seriously interfere with his earning a living. However, he has suffered greatly, and sustained loss of time and substantial injury, for which he ought to recover. We think that $5,000, under all the circumstances, is excessive; and, if the appellee will enter of record a remittitur within 10 days of $1,500 of che verdict which has been recovered, the judgment will be affirmed for $3,500; otherwise, the judgment will be reversed, and the case remanded.

Springer, C. J., concurs. Clayton, J., did not participate in the hearing of this case.

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Kilgore, J.

(after stating the facts.) We have carefully examined the briefs of counsel, and the record and [250]*250pleadings in this case, and have reached the conclusion that there is no reversible error in the record, so far as the law applicable to the case is concerned. Owing to the great pressure of other business, we cannot at this time review the various errors assigned, and state specifically the reasons for such holding. We are, however, of the opinion that the judgment is excessive. The evidence does not show a serious injury, and, while the evidence is conflicting as to whether it is permanent or not, yet it seems clearly established that the appellee had so far recovered at the time of the trial that the injury would not seriously interfere with his earning a living. However, he has suffered greatly, and sustained loss of time and substantial injury, for which he ought to recover. We think that $5,000, under all the circumstances, is excessive; and, if the appellee will enter of record a remittitur within 10 days of $1,500 of che verdict which has been recovered, the judgment will be affirmed for $3,500; otherwise, the judgment will be reversed, and the case remanded.

Springer, C. J., concurs. Clayton, J., did not participate in the hearing of this case.

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Bluebook (online)

40 S.W. 898, 1 Indian Terr. 245, 1897 Indian Terr. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-texas-coal-co-v-reed-ctappindterr-1897.