California, United States of America
The following excerpt is from Souza v. Richardson, 1 Cal.Rptr. 863, 177 Cal.App.2d 93 (Cal. App. 1960):
The question as to the amount of damages was one of fact for the determination of the jury. In Sexton v. Key System Transit Lines, 144 Cal.App.2d 719, at page 722, 301 P.2d 612, at page 614, it was said: '[I]t is not the function of an appellate court to fix the award of damages, even within broad limits, and thus to impose its views upon the trier of the fact. Pain and suffering are not subject to precise measurement by any scale, and their translation into terms of money damages is peculiarly the function of the trier of the facts. [Citation.] Here the trial judge, on motion for new trial, had the opportunity to review the award. In these circumstances, 'an appellate court may interfere only in the event it appears * * *, as a matter of law, that the verdict was the result of passion or prejudice.' [Citation.]'
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