Lipshay v. Barr

This is a personal injury action, in which the jury was instructed to return a verdict for the plaintiff. The jury awarded damages in the amount of two thousand dollars, whereupon the plaintiffs moved for a new trial on the issue of damages only, contending that the amount of the verdict was so inadequate that it could only have been the result of passion and prejudice. Error is assigned to the denial of this motion.

Granting or denying a new trial on the ground of inadequacy of damages is peculiarly within the discretion of the trial judge, and the supreme court will not disturb his ruling in…