And as to the excess of damages, the Court were all of opinion, that it was very difficult to interpose with respect to the quantum of damages in actions for any personal wrong. Not that it can be laid down, that in no case of personal injury the damages can be excessive. Some may be so monstrous atid excessive, as to be in themselves an evidence of passion or partiality in the jury. In the present case the injury was great, and the jury (not the Court) are to estimate the adequate satisfaction. No prejudice or mishehaviour of any kind are or can be imputed to the jury.
Citations:
[1746] EngR 160, (1746-1779) 2 Black W 929, (1746) 96 ER 549 (A)
Links:
Cited by:
See Also – Fabrigas v Mostyn 1773
Minorca was a ceded colony of the British Crown. The Governor, General Mostyn, apparently fearing that Fabrigas would stir up danger for the garrison, committed him to the worst prison on the island, with no bed and only bread and water, and with no . .
See Also – Fabrigas v Mostyn 1775
The plaintiff a native Minorquan sought to bring an action in England for an alleged assault and false imprisonment on him in Minorca by the Governor of Minorca.
Held: Such an action could be brought. What foreign law is is a matter of fact to . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 15 May 2022; Ref: scu.380548
