Western Union Telegraph Co. v. Collins

156 Ala. 333

Opinion

ANDERSON, J.

The trial court, by charge 6, given at the request of the defendant, confined the plaintiff’s recoverable damages to the cost of hack hire and interest, $4.50, and such other damages as the jury should assess for “any inconvenience or annoyance the plaintiff had, if any, in going by hack from Attalla to Albert-ville.” Deducting for the cost of the hack, the jury evidently awarded the plaintiff $345 for the inconvenience and annoyance of the hack ride, a distance of 20 miles, and which we think was excessive. The trial court erred in not granting the motion for a new trial.

Reversed and remanded.

All the Justices concur.