Willbanks v. Laster

I agree with all of the opinion of the majority in this case, except the last 12 words thereof, which read:

“. . . and the judgment will be reduced to and affirmed for that amount.”

I think the better order would have been to reverse and remand the case for a new trial, unless a remittitur be entered. This may seem to be quibbling, but I regard it as vital to the sanctity of our jury system.

This present case is the first instance in which this court has affirmed a reduced judgment in a personal injury case since I became a member of the court on January 1, 1943. In all other cases the court has…