Rivera v. Atchison, Topeka and Santa Fe Railway Co.

Taking notice of the attack made on the verdict as being excessive and the result of passion and prejudice, the prevailing opinion states:

“At first glance the verdict does seem over liberal, but we can not say it is so arbitrary as to show passion and prejudice nor can we say as a matter of law that the verdict is excessive.”

First, let me say at the outset that what is said in the prevailing opinion touching our right to consider the presence of passion and prejudice in the verdict, notwithstanding the trial judge may have given it his approval in denying a motion for new trial, meets with my…