“While it is true that the Court of Appeal cannot re-assess damages awarded by a jury in a case where a judge sat with a jury, and can only order a re-trial if it appears that the jury applied a wrong measure of damages, this Court can decide what damages should be awarded, i.e., re-assess a previous award, in cases where an award of damages was made by the judge sitting alone, since the appeal before it is by way of re-hearing; this Court will not, however, interfere with the previous award unless it is satisfied that the judge acted on some wrong principle of law or that the amount awarded was so high or very small as to make it an entirely erroneous estimate of the damage suffered by the plaintiff.”
APPEAL – Award of Damages – Circumstances/grounds upon which an appellate Court will interfere with award of damages by the trial Court
APPEAL – Exercise of Discretion – Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower courtAPPEAL – Award of Cost – Attitude of an appellate court as it relates to interference with award of cost by a lower Court