Atlantic Greyhound Corporation v. Raymond J. Frank

At the first trial of this negligence action, plaintiff obtained a $30,000 jury verdict which the District Court found excessive. It ordered a new trial unless plaintiff would accept a $15,000 remit-titur. D.C., 172 F.Supp. 190 (1959). The plaintiff chose a new trial which resulted in a $35,000 verdict. The defendant then moved to have that verdict set aside and for a third trial.

In the course of oral argument thereon, the^trial judge clearly indicated that he thought the second verdict was also excessive. But it is equally clear that, at the close of the argument, he reserved decision by…