Ideal Food Products Co. v. Rupe

Suit by Georgia Rupe and her husband Charlie Rupe against V. L. McDonald and Ideal Food Products Company, a corporation. The factual basis of the suit is alleged negligence on the part of McDonald while acting within the scope of his employment as an employee of the defendant corporation. Trial before a jury resulted in a verdict for the plaintiff in the sum of $5,000, the amount claimed in the complaint. Defendants appeal and assign as error the denial by the trial court of their motion for new trial because of excessive damages appearing to have been given under the influence of passion and prejudice. Thus we have for consideration only the question of damages -- the legality of the amount thereof and whether the verdict is so excessive that this court will say it springs from partiality, prejudice or corruption. The husband Charlie Rupe being merely a nominal party, we will refer to the parties as plaintiff and defendants.