Reuck v. McGregor
Supreme Court of New Jersey
The action was in trespass, for assault and false imprisonment. Upon the trial at the Essex Circuit, the jury gave a verdict against the defendant for the sum of three thousand dollars. On the coming in of the parties, the court, on application of tlie defendant, granted a rule upon the plaintiff to show cause why the verdict should not be set aside, chiefly on the ground of excessive damages.
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The action was in trespass, for assault and false imprisonment. Upon the trial at the Essex Circuit, the jury gave a verdict against the defendant for the sum of three thousand dollars. On the coming in of the parties, the court, on application of tlie defendant, granted a rule upon the plaintiff to show cause why the verdict should not be set aside, chiefly on the ground of excessive damages. The rule was argued before the Chief Justice, and Justices Elmer, Vredenburgh, and Bedle.
1Opinion of the Court
The opinion of the court was delivered by
Bedle, J.
The chief ground upon which a new trial is asked in this case is, that the damages are excessive. In these actions of tort, the court has, unquestionably, the power to grant a new trial for that reason. It is a delicate, yet necessary power, and should be exercised whenever it appears that the damages are so exorbitantly high, and so far exceed the injury sustained, as to make it manifest to the court that the minds of the jury have been controlled by passion, partiality, prejudice, or intemperance. Gilbert v. Burthenshaw, Cowper 230; Potts v.…
2Cases cited1 opinion
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