Oliver v. Davis, Agent

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for damages for personal injuries to a passenger. There are only two questions in the case, and the consideration of them does not require a statement of the facts.

I. When there in a conflict between the Circuit Judge and the stenographer as to the exact language of the charge, must this Court accept the statement of the trial Judge or the stenographer ? The answer is that the statement of the trial Judge shall prevail. It is not clear that there is a conflict in this case. ’The question is decided against the appellant.

II. Was the verdict excessive? This Court cannot say it was so excessive as to warrant setting aside a judgment based upon it. This question is decided against the appellant.

The judgment appealed from is affirmed.