Leipert v. Honold

CARTER.

I dissent.

The holding of the majority of this court in this and two .companion cases,* in effect, nullifies the statutory provision (Code Civ. Proc., § 657) which expressly authorizes the trial court to grant a motion for a new trial on “part of the issues,’’ when such new trial is limited to the issue of damages only in cases where the damages awarded are deemed inadequate by the trial court. While there is no code section which expressly specifies inadequancy of damages as a ground for granting a motion for a new trial, it has been held that it comes within the purview of…