Heinz v. Delaware, Lackawanna & Western Railroad

The opinion of the court was delivered by

Trenchard, J.

The plaintiff below had the verdict of a jury at the Sussex Circuit in an action in the Supreme Court for damages to his person and property in a railroad crossing accident.

The defendant obtained a rale to show cause why a new trial should not be granted. No points were reserved in the rule.

*199From the judgment record it appears that the Supreme Court, after a hearing, determined that the verdict of $11,300 was excessive, and ordered that it should he set aside and a new trial be had unless the plaintiff remitted the sum of $1,355 from the…