Hammond v. Hamby

It is insisted that the judgment from which this appeal comes should be reversed for the following reasons: (1) That the verdict upon which the judgment was based is unsupported by the testimony; (2-3) that the court erred in giving instructions numbered 1 and 3, and (4) that the verdict is so excessive as to demonstrate that it was the result of passion and prejudice.

The sufficiency of the testimony will be considered in connection with the instruction numbered 1, which recites the theory upon which the case was tried. It reads as follows: “The jury is instructed that if you find from a…