Smith v. Day

BELLINGER, District Judge.

The facts in this case are set out in the opinion of this court upon the motion for a new trial in 86 Fed. 62, and in the opinions on appeal, 100 Fed. 244, 40 C. C. A. 366, 49 L. R. A. 108; 128 Fed. 561, 63 C. C. A. 189. Upon the last trial the jury returned a verdict in favor of plaintiff for $10,-000. The defendants move to set this verdict aside and for a new trial upon the ground that the verdict is excessive and appears to have been given under the influence of passion or prejudice, and upon the further grounds that the court erred in its instructions to the…