FRESHWATER v. BOOTH

No. 13700.

233 S.E.2d 312 (1977)

Charles FRESHWATER and Ila Mae Freshwater v. Albert BOOTH and Ida Bell Booth, Executrix of the Estate of Fisher Booth, Deceased.

Supreme Court of Appeals of West Virginia.

March 22, 1977.


Attorney(s) appearing for the Case

Frankovitch & Anetakis, Carl N. Frankovitch, Weirton, for appellants.

Bachmann, Hess, Bachmann & Garden, William D. Wilmoth, R. Noel Foreman, Wheeling, Jordan & Wilson, Ronald E. Wilson, New Cumberland, for appellees.


NEELY, Justice:

This is a case about inadequate damages. The plaintiffs asserted that the damages were clearly too low in light of the evidence and requested that we reverse and remand on the question of damages alone, or in the alternative reverse and remand for a new trial on all issues. The defendants argued that the inadequate verdict was either a defendant's verdict perversely expressed or, alternatively, a legitimate compromise verdict which was sufficiently...

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