England v. Shufflebarger

Respectfully, I dissent. I believe that I am abundantly supported both by reason and by law in my firm conviction that, in a case such as this, the right to grant a new trial solely on “the single issue of damages” should be exercised with great caution, only where it appears clearly that the issues are wholly separate and distinct, and only where it is unmistakably clear that a new trial on the single issue can not prejudice the right of either party to a fair jury trial on every issue normally submitted to a jury for decision.

The power and duty of a court, under the Court’s holding in this…