Madouros v. Kansas City Coca Cola Bottling Co.

In a suit for damages on account of personal injuries, plaintiff obtained a.verdict for $2000. Motion- for new trial was filed, one point of which was that the verdict was excessive. After affidavits were filed in support of, and in opposition to, the motion, but before it was ruled on by the court, plaintiff remitted the sum of $1000, whereupon judgment was rendered for the remaining $1000, the motion for new trial was overruled, and the affidavits were stricken out. Defendant thereupon appealed.

The case was originally argued in this court and submitted at the March term, 1935, and an…