Miller v. Mattern

Plaintiff recovered verdict of $5,000. No witnesses were sworn by defendant. The only question for the jury to determine was the amount of their verdict. At the close of the case, motion to set aside verdict as excessive was denied. This motion is now made on the added ground that the jury improperly applied the rule of damages, as stated by the court, and that the verdict was the result of an improper consideration of attorneys’ fees to the prejudice of defendants. Affidavits are submitted by ten of the twelve jurors, and an additional affidavit as to a conversation with another juryman.

It…