Mahon v. Bennett

REEVES, District Judge.

The motion for a new trial in this case is based upon the alleged inadequacy of the verdict. The plaintiff was awarded a judgment for $5,000, whereas it is the claim of the plaintiff that if he was entitled to judgment at all it was the duty of the jury under court instructions to have awarded a larger sum. Furthermore, it is contended by counsel for plaintiff that the verdict was inconsistent, and that the jury obviously disregarded the charge of the court.

The defendants on their part say that the case was fairly tried and that the verdict of the jury was a proper…