Smart v. Spangler

HAZLETT, J., pro tem.

Plaintiff (appellant) sued to recover $5,125 actual and $5,000 exemplary damages on account of personal injuries resulting from a blow on his mouth administered by defendant. A jury trial was had and the jury awarded plaintiff $1,625 actual and $1,000 exemplary damages.

Defendant moved for a new trial and the court made its order granting the motion, conditioned as provided in the order, as follows: “Motion for New Trial granted if plaintiff does not on or before February 19, 1924, remit all damages in excess of $500.00, exclusive of costs, upon the ground of the…