Roelofs v. Baber

Stone, Justice.

Action for the wrongful death of the six-year old daughter of plaintiff, who. sues as the special administrator of her estate. There was a verdict for plaintiff, but for only $200. His motion for a new trial Avas denied on condition that defendants consent to an increase of the verdict to $1,250. Such consent not forthcoming, the result was an order for a neAV trial, from Avhich defendants appeal.

Had defendants consented to an increased verdict, plaintiff Avould have been in a position to question the constitutional power of the court so to alloAv an increase of the damages…