Seta v. Swain

Vincent Seta brought an action against Homer Swain and Anthine La Fleur, respectively the operator and owner of a Checker taxicab which was involved in an accident with an automobile in which plaintiff was a passenger. The jury returned a verdict of $5,000 in favor of the plaintiff and defendants moved for a new trial. The court denied the motion upon condition of a remittitur of $1,000, which plaintiff filed. Defendants appeal, alleging that the trial court erred in not charging the jury in accordance with 2 requests submitted and, further, that the verdict was still excessive and against…