Daisley v. Douglass

PUTNAM, Circuit Judge.

This is an action for a libel to the business of the plaintiff as a lumber dealer and building contractor. The verdict was in his favor for $5,000, which the defendant now complains was excessive. On looking at the docket we find the verdict on a previous trial was the same. At that time, on a motion to set aside the verdict for excessive damages, we stated, in our opinion reported 107 Fed. 218, that our mind wavered, and that, as it wavered, we could not allow the motion.

There are great difficulties in the way of an attempt to formulate anything like a guiding principle…