McLendon v. Floyd, 1 S.E.2d 466 (Ga. Ct. App. 1939). · Go Syfert
McLendon v. Floyd, 1 S.E.2d 466 (Ga. Ct. App. 1939). Cases Citing This Book View Copy Cite
30 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: Karlan v. Enloe (gactapp, 1973-04-25)
Treatment trajectory · 1946 → 2026 · click a year to view as-of
1946 1986 2026
Top citers, strongest first. 3 distinct citers.
cited Cited "see" Karlan v. Enloe
Ga. Ct. App. · 1973 · signal: see · confidence high
See McLendon v. Floyd, 59 Ga. App. 506 ( 1 SE2d 446 ); Tallent v. McKelvey, 105 Ga. App. 660 ( 125 SE2d 65 ).” Massey v. Stephens, 114 Ga. App. 254 ( 150 SE2d 694 ).
cited Cited "see" Massey v. Stephens
Ga. Ct. App. · 1966 · signal: see · confidence high
See McLendon v. Floyd, 59 Ga. App. 506 ( 1 SE2d 446 ); Tallent v. McKelvey, 105 Ga. App. 660 ( 125 SE2d 65 ).
discussed Cited "see, e.g." Pierson v. M. M. Bus Company (2×)
Ga. Ct. App. · 1946 · signal: see also · confidence low
See also McLendon v. Floyd, 59 Ga. App. 506 ( 1 S. E. 2d, 466 ), holding that a verdict for $300 was inadequate, where the undisputed evidence showed actual damages to the plaintiff resulting from the injuries sustained, in the loss of wages amounting to $400, and medical expenses amounting to $300, and also severe pain and suffering.
McLendon
v.
Floyd
27249.
Court of Appeals of Georgia.
Feb 23, 1939.
1 S.E.2d 466
Helen Douglas Manikin, Wright & Covington, for plaintiff., Maddox & Griffin, for defendant.
Broyles.
Cited by 16 opinions  |  Published
Broyles, C. J.

“Damages are given as compensation for the injury sustained.” Code, § 20-1402. Therefore, in an action to recover damages for personal injuries, where the evidence, although in sharp conflict, authorized the finding of the jury establishing the liability of the defendant, and the undisputed evidence showed[*507] actual damages to the plaintiff resulting from the injuries sustained, in the loss of her wages as a nurse for four months, amounting to $400, and in doctor’s and hospital bills and medical expenses amounting to $300, and also severe pain and suffering, a verdict in favor of the plaintiff for $300 was grossly inadequate and “contrary to law and the evidence, and the refusal to grant the plaintiff a new trial was error. See in this connection, Travers V. Macon Ry. &c. Co., 19 Ga. App. 15 (90 S. E. 732); Anglin v. Columbus, 128 Ga. 469 (57 S. E. 780); Potter v. Swindle, 77 Ga. 419 (3 S. E. 94); Slaughter v. Atlanta Coca-Cola Bottling Co., 48 Ga. App. 327 (172 S. E. 723). This is true although the trial now under review was the second trial of the case, and on the first trial a verdict in favor of the plaintiff for $250 was returned, which, on a motion for new trial, was set aside by the court as being inadequate. If the first verdict for $250 was so inadequate as to indicate prejudice and bias by the jury, then, under the evidence, the present verdict for $300 is likewise grossly inadequate for the same reason, and the error committed by a previous jury is no excuse, legal or moral, for a similar error by the jury on the second trial. “The question of the amount of the verdict is ordinarily for the court below, and [but ?] where a grossly excessive [or a grossly inadequate] amount is returned, the trial court should never allow it to stand, no matter how many new trials it may be obliged to grant.” Rea v. Pittsburg &c. R. Co., 229 Pa. 106 (78 Atl. 73, 140 Am. St. R. 721).

Judgment reversed.

MacIntyre and Guerry, JJ., concur.