Nally v. Texas-Arizona Motor Freight, Inc.

CARMODY, Justice.

Plaintiff appeals from an order granting a remittitur or in the alternative a new trial. The sole question is a procedural one as to the authority of the trial court to order a remittitur under the circumstances of this case.

The jury awarded the plaintiff $10,000 damages in a personal injury action on January 14, 1959. Five days later, defendant filed a motion for judgment non obstante veredicto or for a new trial. Argument was had, but before an order was entered the defendant filed what was termed a “motion for remittitur.” Thereafter, an order was entered overruling the…