Jorgensen v. Oregon-Washington Railroad & Navigation Co.

(dissenting) — In the light of all of the evidence which was before the jury, a verdict in the sum of fifteen thousand dollars is, in my opinion, so excessive as to indicate unerringly that the jury was controlled by passion and prejudice; and if controlled by passion and prejudice in fixing the amount, it is but fair to assume that the jury was also controlled by the same passion and prejudice in passing upon the other issues in the case. If that be true, then a mere reduction of the verdict by the trial court does not reach the evil or cure its effects. In very many cases in this court, it…