Curry v. Griffith

WRIGHT, Presiding Judge.

This is an appeal from the granting of a new trial upon motion of plaintiff. In its order granting the new trial the court stated. . . the court is of opinion the damages awarded the plaintiff are inadequate to the extent a new trial should be granted.”

We said in Smith v. Winkles, 49 Ala.App. 454, 273 So.2d 215, as follows:

“It appears thus that the question presented to the trial court on a motion for new trial based solely upon the ground of inadequate or excessive damages awarded by the jury, in the absence of an affirmative showing in the record of the presence of…