Rudnick v. Jacobs

Richards, J.:

The question presented is whether a new trial shall be granted because of the inadequacy of the verdict. In order to establish this fact the plaintiff does not rely upon the fact that no substantial damages were awarded him, but upon the fact that the verdict was less than the damages actually proved and undisputed.

When the verdict rendered by the jury is excessive, it is well established in this state that the court will grant a remittitur reducing said verdict by the amount named, or grant a new trial as the circumstances of the particular case may warrant. But where the…