Edelstein v. Kidwell

Conceding that the court was justified by the state of the record in granting a new trial to plaintiff because of the inadequacy of the verdict, could the court grant a new trial without vacating the entire verdict of the jury?

There are many cases in common-law jurisdictions which hold that it is within the power of the trial court, where there is more than one issue of fact in the case and such issues are distinct and separable in their nature, to order a new trial of one issue and refuse it as to the others. 27 Am. & Eng. Ann. Cas., 365; 46 Corpus Juris, 74, Section 24; Zaleski v. Clark, 46…