
    Georgiana Thibault vs. Batchelor's Bottling Works, Inc.
    No. 81648
    May 5, 1930.
   FROST, J.

Heard upon defendant’s motion for new trial after verdict for plaintiff in the sum of $1,200.

This case was tried with seven other cases, numbered, respectively, 81645, 81646, 81647, 81649, S1650, 81651 and 81652.

For plaintiff: .Tolin R. Higgins.

For defendant: William S. and E. W. Flynn.

The plaintiff was sitting on the right hand side of the rear seat of an auto-mohile 'which was in collision with a truck on August 31, 1929. For a discussion of the question of liability see rescripts on file in cases numbered, respectively S1652 and 81649.

The plaintiff, a woman of 54 years of age, received some bruises and lacerations but the latter were not sufficient to require any stitches. She complained of pain over the seventh and eighth ribs but her physician found that the ribs were not fractured. She was working in the spinning room of the Lawton Spinning Company at the time of the accident and was away from work as a result of the accident for a period of nine weeks and two days. Following the accident she was in bed two weeks and was confined to the house for two months. At the trial plaintiff complained of having some pain still and also of having headaches.

The Court, after seeing the plaintiff on the witness stand and after hearing all the evidence relating to her, thinks that substantial justice has not been done by the verdict of the jury and therefore grants defendant’s motion for a new trial unless plaintiff files a remittitur within five clays remitting all of the verdict in excess of $600. In the event that such remittitur be filed, the motion for a new trial is denied.  