ATLANTIC COAST LINE RAILROAD COMPANY A CORPORATION, PLAINTIFF IN ERROR,
v.
ARTHUR ELLERBE, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court reviewed a judgment awarding damages for a railroad company. The court found the award excessive and offered the plaintiff the option to accept a reduced amount or face a new trial.
Yes, the court found the awarded damages to be clearly excessive. The judgment will be affirmed if the plaintiff accepts a reduced amount; otherwise, it will be reversed for a new trial.
“if the plaintiff below enter a remittitur for $500.00, the. judgment will stand- affirmed for the remainder; otherwise the judgmént will stand reversed for a'new trial.”
This quote states the court's conditional holding and disposition.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff, Atlantic Coast Line Railroad Company, was awarded damages under specific statutes. The defendant, Arthur Ellerbe, appealed the amount a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Action For Damages cases and more on FLexlaw
Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment aforesaid and argument of counsel for. the respective parties, and the record having been seen and inspected, .and the court being now advised of its' judgment to be' given in the premises, it seems to the court that iipon a consideration, of all the evidence the amount awarded pursuant to Sections 4964 and 4965 Revised General Statutes, 1920, “for damage done’! is cle.arly excessive; it is therefore ordered and adjudged that if the plaintiff below enter a remittitur for $500.00, the. judgment will stand-affirmed for the remainder; otherwise the judgmént will stand reversed for a'new trial.
It is so ordered.
Whitfield, P. J., ánd West and Terrell, J. J., concur.