Duaine v. Gulf Refining Co.

Per Curiam,

Plaintiff recovered a verdict for a substantial sum to compensate him for personal injuries due, as he alleges, to defendant’s negligence; the court below set aside the verdict on the ground of its excessiveness, and ordered a new trial; plaintiff appeals, contending that the order in question presents a plain abuse of discretion in that (1) the verdict was not in fact excessive, and (2), if it was, the correct remedy would have been for the court below to designate an amount it conceived to be proper and let plaintiff accept either such amount or a new trial.

The question of the…