Krummen Motor Bus & Taxi Co. v. Mechanics' Lumber Co.

Hart, C. J., (after stating the facts). Counsel for the plaintiff insists that the undisputed evidence shows that the motor-bus of the plaintiff sustained substantial injury in the collision, and that a judgment based upon the verdict for nominal damages should be reversed because they were inadequate. Counsel for the defendant concede that the judgment should be reversed, and the parties only differ as to the method of procedure after the reversal of the judgment. Counsel for the plaintiff insists that the verdict as to damages should be set aside and a new trial ordered on the question of damages only. On the other hand, counsel for the defendant insists that, under our practice, when the verdict is. set aside a new trial of the whole case should be granted. There is some conflict in the authorities as to whether, -where a verdict has been set aside as being inadequate, the new trial may be restricted to the question of damages or whether there should be a new trial of the whole case. The practice in this State has been, when a verdict is set aside as ibei-ng inadequate, to set aside the verdict on that account and grant a new trial in the whole case. The reason is that a verdict as the foundation of a judgment at law is an entity and cannot be divided by the trial court. Dunbar v. Cowger, 68 Ark. 444, 59 S. W. 951; Carroll v. Texarkana Gas & Electric Co., 102 Ark. 137, 143 S. W. 586; Bothe v. Morris, 103 Ark. 370, 146 S. W. 1184; and Martin v. Kramer, 172 Ark. 397, 288 S. W. 903. In the case last cited it was held that, where the undisputed evidence showed that plaintiff’s automoibile was damaged in the sum of $47 in a collision, hut the evidence was conflicting as to responsibility, a judgment for one dollar was inadequate, justifying a new trial. It follows that the judgment will he reversed, and the case remanded for a new trial.