St. Louis Southwestern Railway Co. v. Wynnegar

173 S.W. 427, 117 Ark. 47, 1915 Ark. LEXIS 170

Opinion

Kirby, J.,

(after stating the facts). It is contended by appellant that the damages awarded are -excessive, -and this contention must be sustained. The infant, plaintiff, could only have recovered for pain and suffering since his loss of time, if any, could not 'have been of -any value, and there was no impairment -of the use of the finger nor substantial disfigurement resulting from the injury. He suffered pain evidently and was wakeful, crying and fretting, for a few days, -and under these circumstances the court has concluded that -an award of more than $200 as damages, resulting from the injury would be grossly excessive.

The judgment is therefore reduced to that sum and as modified will be affirmed. It is so ordered.