Franta v. Hodge

BROADDUS, Presiding Judge.

Plaintiff, John E. Franta, recovered a verdict and judgment against defendants for $1,000 actual and $1,000 punitive damages. The trial court, however, on defendants’ motion, directed a remittitur of the punitive damages because of an erroneous instruction, but, on plaintiff’s after-judgment motion, modified the remittitur order to provide for a new trial on the issue of punitive damages only. Defendants have appealed.

Plaintiff’s petition alleged that on orv about June 9, 1953, he delivered to defendants Ross S. Jones and Raymond S. Hodge the sum of $1,000; that said…