Peters v. Hall

Plaintiff contends that the jury’s answers to questions 1 and 2 in the special verdict are contrary to all of the evidence; that the award of damages is so inadequate as to show perversity and prejudice on the part of the jury; and that a new trial should be awarded in the interests of justice because of erroneous instructions by the court.

It is apparent from the record that the case was not properly submitted to the jury. It is clear from the record before us that the defendant initiated the proceeding by signing the complaint for a criminal warrant. It was unnecessary to submit question 1…