Hartough v. Safeway Lines, Inc.

On Rehearing.

North, J.

Upon our original hearing of this trespass case it was reversed for the sole reason that the damages awarded for personal injuries, et cetera, were excessive. Contrary to the usual practice in this court no provision was made for affirmance conditioned upon remittitur of damages by plaintiff in a specified amount. Upon this rehearing plaintiff asks this court, if it still considers the damages excessive, to “state a sum to be remitted on condition of affirmance.”

Review of this court’s decisions will disclose that in cases wherein the only ground for reversal is that of…