State Farm Mut. Automobile Ins. v. Doughty

Fifth Circuit

State Farm Mut. Automobile Ins. v. Doughty

149 F.2d 812, 1945 U.S. App. LEXIS 2683

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 15, 1945

DocketNo. 11282

StatusPublished

Cited by4 cases

This text of 149 F.2d 812 (State Farm Mut. Automobile Ins. v. Doughty) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Farm Mut. Automobile Ins. v. Doughty, 149 F.2d 812, 1945 U.S. App. LEXIS 2683 (5th Cir. 1945).

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Opinion

WALLER, Circuit Judge.

The only question of substance involved in this case is whether or not the verdict is excessive, and a number of cases from the state courts of Louisiana are cited in support of that contention by appellant. The quantum of a verdict, however, is for the jury and the court below. This Court has no jurisdiction to correct a verdict merely because it is excessive. See Houston Coca-Cola Bottling Co. v. Kelley, 5 [813]*813Cir., 131 F. 627; Swift & Co. v. Ellinor, 5 Cir., 101 F.2d 131; Lincoln v. Power, 151 U.S. 436, 14 S.Ct. 387, 38 L.Ed. 224; Herencia v. Guzman, 219 U.S. 44, 31 S.Ct. 135, 55 L.Ed. 81; and Southern Ry.-Carolina Division v. Bennett, 233 U.S. 80, 34 S.Ct. 566, 58 L.Ed. 860.

Judgment below is affirmed.

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WALLER, Circuit Judge.

The only question of substance involved in this case is whether or not the verdict is excessive, and a number of cases from the state courts of Louisiana are cited in support of that contention by appellant. The quantum of a verdict, however, is for the jury and the court below. This Court has no jurisdiction to correct a verdict merely because it is excessive. See Houston Coca-Cola Bottling Co. v. Kelley, 5 [813]*813Cir., 131 F. 627; Swift & Co. v. Ellinor, 5 Cir., 101 F.2d 131; Lincoln v. Power, 151 U.S. 436, 14 S.Ct. 387, 38 L.Ed. 224; Herencia v. Guzman, 219 U.S. 44, 31 S.Ct. 135, 55 L.Ed. 81; and Southern Ry.-Carolina Division v. Bennett, 233 U.S. 80, 34 S.Ct. 566, 58 L.Ed. 860.

Judgment below is affirmed.

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149 F.2d 812, 1945 U.S. App. LEXIS 2683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mut-automobile-ins-v-doughty-ca5-1945.

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